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HomeMy WebLinkAboutJune 05, 2025 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, June 5, 2025 7:00 p.m. 7:30 p.m. Statutory Planning Meeting – 1 Application The June 5, 2025 Council Meeting will allow for a hybrid meeting function. You may attend in person or virtually through the live-stream on the Municipality of Bayham’s YouTube Channel 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. PRESENTATIONS A. Rob Foster, Graham Scott Enns re 2024 Consolidated Financial Statements 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held May 15, 2025 B. Statutory Planning Meeting held May 15, 2025 C. Court of Revision Meeting held May 15, 2025 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council 11. PHYSICAL SERVICES – EMERGENCY SERVICES 11.1 Correspondence 11.1.1 Receive for Information 11.1.2 Requiring Action Council Agenda June 5, 2025 2 11.2 Reports to Council 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Passing re Zoning By-law Amendment ZBA-27/24 1498855 Ontario Inc. B. Notice of Adoption re Official Plan Amendment No. 39 OPA-04/24 1498855 Ontario Inc. C. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-15/25 Neufeld 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-26/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E94-24 and E96-24 Yu, 55 Wellington Street B. Report DS-27/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-02/25 Van Ittersum, 12011 Elliott Road 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Town of The Blue Mountains re Reduced Provincial Tax Rate on Ontario-Made Cider B. Municipality of Kincardine re Bill 5, Protect Ontario by Unleashing our Economy Act C. Town of Orangeville re Responsible Growth and Opposition to Elements of Bill 5 D. Ministry of Municipal Affairs and Housing re Bill 17 Protect Ontario by Building Faster and Smarter Act, 2025 E. Ministry of Municipal Affairs and Housing re Technical Briefing on Bill 17 Protect Ontario by Building Faster and Smarter Act, 2025 F. Watson & Associates re Assessment of Bill 17 Protect Ontario by Building Faster and Smarter Act, 2025 G. Ministry of the Solicitor General re OPP Cost Recovery Model Review H. Ministry of Natural Resources re Reintroduction of the Geologic Carbon Storage Act 13.1.2 Requiring Action 13.2 Reports to Council A. Report TR-13/25 by Lorne James, Treasurer re 2026 Budget Schedule Council Agenda June 5, 2025 3 B. Report CAO-26/25 by Thomas Thayer, CAO re Extension of Site Plan Agreement – Latimer – 54296 Heritage Line SPA-02/23 14. BY-LAWS A. By-law No. Z808-2025 Being a by-law to amend By-law No. Z456-2003, as amended – Van Ittersum 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2025-042 Being a by-law to confirm all actions of Council 18. ADJOURNMENT DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Consolidated Financial Statements December 31, 2024 DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Consolidated Financial Statements Year Ended December 31, 2024 Table of Contents PAGE Management Responsibility for Financial Reporting 1 Independent Auditors' Report 2 - 3 Consolidated Statement of Financial Position 4 Consolidated Statement of Operations and Accumulated Surplus 5 Consolidated Statement of Changes in Net Financial Assets 6 Consolidated Statement of Remeasurement Gains and Losses 7 Consolidated Statement of Cash Flows 8 Notes to the Consolidated Financial Statements 9 - 25 Consolidated Schedule of Segment Disclosure 26 - 27 DR AF T MANAGEMENT'S RESPONSIBILITY FOR FINANCIAL REPORTING The accompanying consolidated financial statements are the responsibility of the management of The Corporation of the Municipality of Bayham and have been prepared in accordance with Canadian public sector accounting standards. These consolidated financial statements include: Independent Auditors' report Consolidated Statement of Financial Position Consolidated Statement of Operations and Accumulated Surplus Consolidated Statement of Change in Net Financial Assets Consolidated Statement of Remeasurement Gains and Losses Consolidated Statement of Cash Flows Notes to the Consolidated Financial Statements Consolidated Schedule of Segment Disclosure The Chief Administrative Officer and the Treasurer are responsible for ensuring that management fulfills its responsibility for financial reporting and is ultimately responsible for reviewing the consolidated financial statements before they are submitted to Council for approval. The integrity and reliability of The Corporation of the Municipality of Bayham reporting systems are achieved through the use of formal policies and procedures, the careful selection of employees and an appropriate division of responsibilities. These systems are designed to provide reasonable assurance that the financial information is reliable and accurate. The consolidated financial statements have been audited on behalf of the Members of Council, Inhabitants and Ratepayers of The Corporation of the Municipality of Bayham by Graham Scott Enns LLP in accordance with Canadian generally accepted auditing standards. ______________________________________________________________ Mr. Thomas Thayer Mr. Lorne James Chief Administrative Officer Treasurer Straffordville, Ontario June 5, 2025 - 1 - DR AF T INDEPENDENT AUDITORS' REPORT To the Members of Council, Inhabitants and Ratepayers of The Corporation of the Municipality of Bayham: Opinion We have audited the consolidated financial statements of The Corporation of the Municipality of Bayham, which comprise the consolidated statement of financial position as at December 31, 2024, and the consolidated statement of operations and accumulated surplus, consolidated statement of changes in net financial assets, consolidated statement of remeasurement gains and losses, and consolidated statement of cash flows for the year then ended, and notes to the consolidated financial statements, including a summary of significant accounting policies. In our opinion, the Municipality's consolidated financial statements present fairly, in all material respects, the financial position of the Municipality as at December 31, 2024, and the results of its operations and its cash flows for the year then ended in accordance with Canadian public sector accounting standards. Basis for Opinion We conducted our audit in accordance with Canadian generally accepted auditing standards. Our responsibilities under those standards are further described in the Auditors' Responsibilities for the Audit of the Financial Statements section of our report. We are independent of the Municipality in accordance with the ethical requirements that are relevant to our audit of the consolidated financial statements in Canada, and we have fulfilled our other ethical responsibilities in accordance with these requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. Responsibilities of Management and Those Charged with Governance for the Consolidated Financial Statements Management is responsible for the preparation and fair presentation of the consolidated financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of consolidated financial statements that are free from material misstatement, whether due to fraud or error. In preparing the consolidated financial statements, management is responsible for assessing the Municipality's ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless management either intends to liquidate the Municipality or to cease operations, or has no realistic alternative but to do so. Those charged with governance are responsible for overseeing the Municipality's financial reporting process. Auditors' Responsibilities for the Audit of the Consolidated Financial Statements Our objectives are to obtain reasonable assurance about whether the consolidated financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Canadian generally accepted auditing standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these consolidated financial statements. - 2 - DR AF T INDEPENDENT AUDITORS' REPORT (CONTINUED) Auditors' Responsibilities for the Audit of the Consolidated Financial Statements (Continued) As part of an audit in accordance with Canadian generally accepted auditing standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also: Identify and assess the risks of material misstatement of the consolidated financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Municipality's internal control. Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management. Conclude on the appropriateness of management's use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the Municipality's ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditor's report to the related disclosures in the consolidated financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditor's report. However, future events or conditions may cause the Municipality to cease to continue as a going concern. Evaluate the overall presentation, structure and content of the consolidated financial statements, including the disclosures, and whether the consolidated financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit. St. Thomas, Ontario Graham Scott Enns LLP June 5, 2025 CHARTERED PROFESSIONAL ACCOUNTANTS Licensed Public Accountants - 3 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Consolidated Statement of Financial Position As At December 31, 2024 2024 2023 $ $ ASSETS FINANCIAL ASSETS Cash 4,643,942 2,509,920 Investments (Note 3)8,453,961 7,742,341 Taxes receivable (Note 4)1,043,138 777,390 Accounts receivable (Note 5)940,460 921,149 15,081,501 11,950,800 LIABILITIES Deferred revenue - obligatory reserve funds (Note 10)1,006,773 589,358 Accounts payable and accrued liabilities 721,419 833,040 Security and grading deposits 1,248,546 790,347 Net long-term liabilities (Note 7) 4,159,831 4,387,672 7,136,569 6,600,417 NET FINANCIAL ASSETS 7,944,932 5,350,383 NON-FINANCIAL ASSETS Tangible capital assets (Note 6)59,861,381 59,796,812 Prepaid expenses and inventory 85,926 94,576 59,947,307 59,891,388 ACCUMULATED SURPLUS (NOTE 8)67,892,239 65,241,771 ACCUMULATED REMEASUREMENT GAINS AND LOSSES (PAGE 7)-- 67,892,239 65,241,771 See accompanying notes to the consolidated financial statements. - 4 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Consolidated Statement of Operations and Accumulated Surplus Year Ended December 31, 2024 Budget Actual Actual (Note 12)2024 2023 $ $ $ REVENUES Property taxation 6,127,609 6,283,948 5,559,083 Taxation from other governments 208,746 208,746 189,263 User charges 3,174,314 3,507,817 2,994,791 Transfer payments Federal 1,854,600 216,258 1,320,761 Provincial 1,492,120 1,723,156 1,712,301 Other municipalities 525,196 534,852 524,688 Investment income 307,806 719,080 469,283 Penalties and interest on taxes 80,000 87,558 81,977 Recoveries from benefiting landowners 195,242 172,802 89,185 Other 70,789 86,148 78,203 Gain (loss) on disposal of investments --(460,283) Total Revenues 14,036,422 13,540,365 12,559,252 EXPENSES General government 1,327,666 1,394,763 1,357,818 Protection to persons and property 2,038,597 2,124,777 1,981,182 Transportation services 3,157,680 3,373,746 3,494,155 Environmental services 3,214,344 3,160,526 3,074,329 Health services 51,711 40,010 56,465 Social and family services 7,000 6,999 5,300 Recreation and cultural services 412,914 393,369 384,626 Planning and development 322,252 399,373 292,218 Loss (gain) on disposal of tangible capital assets -(3,666)3,877 Total Expenses (Note 16)10,532,164 10,889,897 10,649,970 ANNUAL SURPLUS 3,504,258 2,650,468 1,909,282 ACCUMULATED SURPLUS, BEGINNING OF YEAR 65,241,771 65,241,771 63,332,489 ACCUMULATED SURPLUS, END OF YEAR (NOTE 8)68,746,029 67,892,239 65,241,771 See accompanying notes to the consolidated financial statements. - 5 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Consolidated Statement of Changes in Net Financial Assets Year Ended December 31, 2024 Budget Actual Actual (Note 12)2024 2023 $ $ $ ANNUAL SURPLUS 3,504,258 2,650,468 1,909,282 Acquisition of tangible capital assets (2,133,065)(2,133,065)(3,109,018) Amortization of tangible capital assets 2,068,162 2,068,162 1,986,559 Proceeds on disposal of tangible capital assets -4,000 11,963 Change in prepaid expenses and inventory -8,650 49,036 Loss (gain) on disposal of tangible capital assets -(3,666)3,877 CHANGE IN NET FINANCIAL ASSETS 3,439,355 2,594,549 851,699 NET FINANCIAL ASSETS, BEGINNING OF YEAR 5,350,383 5,350,383 4,498,684 NET FINANCIAL ASSETS, END OF YEAR 8,789,738 7,944,932 5,350,383 See accompanying notes to the consolidated financial statements. - 6 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Statement of Remeasurement Gains and Losses Year Ended December 31, 2024 2024 2023 $ $ ACCUMULATED REMEASUREMENT GAINS AND (LOSSES), BEGINNING OF YEAR -(482,154) Unrealized gains attributable to investments -21,871 Amounts reclassified to statement of operations through realization of (gain) loss on sale -460,283 Change in accumulated remeasurement gains -482,154 ACCUMULATED REMEASUREMENT GAINS AND (LOSSES), END OF YEAR -- See accompanying notes to the consolidated financial statements. - 7 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Consolidated Statement of Cash Flows Year Ended December 31, 2024 2024 2023 $ $ OPERATING ACTIVITIES Annual surplus 2,650,468 1,909,282 Add (deduct) items not involving cash: Amortization of tangible capital assets 2,068,162 1,986,559 Loss on disposal of investments -460,283 Loss (gain) on disposal of tangible capital assets (3,666)3,877 4,714,964 4,360,001 Change in non-cash items related to operations (Note 16[b]) 487,584 223,298 5,202,548 4,583,299 CAPITAL Acquisition of tangible capital assets (2,133,065)(3,109,018) Proceeds on disposal of tangible capital assets 4,000 11,963 (2,129,065)(3,097,055) INVESTING Purchase of investments (1,000,000)(7,029,928) Redemption of investments 818,327 5,349,929 Investment income reinvested (529,947)(256,253) (711,620)(1,936,252) FINANCING Long-term debt repayment (227,841)(222,144) NET CHANGE IN CASH 2,134,022 (672,152) CASH, BEGINNING OF THE YEAR 2,509,920 3,182,072 CASH, END OF THE YEAR 4,643,942 2,509,920 See accompanying notes to the consolidated financial statements. - 8 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Notes to the Consolidated Financial Statements Year Ended December 31, 2024 The Corporation of the Municipality of Bayham (the "Municipality") is a municipality in the Province of Ontario. It conducts its operations guided by the provisions of provincial statutes such as the Municipal Act, Municipal Affairs Act and related legislation. 1.CHANGE IN ACCOUNTING POLICIES On January 1, 2024 Municipality adopted accounting policies to conform to new standards issued under Canadian public sector accounting standards. The Municipality adopted the following standards which had the following impact: PS 3400 - Revenue - These standard may impact the timing of the revenue reported by the Municipality. There is no impact on the Municipality's financial reporting as a result of the adoption of this standard.  2.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The consolidated financial statements of the Municipality are prepared by management in accordance with Canadian public sector accounting standards. Significant aspects of the accounting policies adopted by the Municipality are as follows: Reporting Entity The consolidated financial statements include the assets, liabilities, revenues and expenses of the reporting entity. The reporting entity is comprised of all organizations, committees and local boards accountable for the administration of their financial affairs and resources to the Municipality and which are 100% owned or controlled by the Municipality. Consolidated Entities The following local boards are consolidated: - Various Cemetery Boards Proportionate Consolidation The Elgin Area Primary Water Board and Port Burwell Water Board have been consolidated on a proportionate basis. The Water Boards are proportionately consolidated based upon the water flow used by our Municipality in proportion to the entire flows provided by the joint boards. - 9 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Notes to the Consolidated Financial Statements Year Ended December 31, 2024 2.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Accounting for School Board Transactions Although the Municipality collects taxation on behalf of the School Boards, the taxation, other revenues, expenses, assets and liabilities with respect to the operations of the school boards are not reflected in these statements. Trust Funds Trust funds and their related operations administered by the Municipality are not included in these consolidated financial statements. Basis of Accounting The consolidated financial statements are prepared using the accrual basis of accounting. The accrual basis of accounting records revenue as it is earned and measurable. Expenses are recognized as they are incurred and measurable based upon receipt of goods or services and/or the creation of a legal obligation to pay. Deferred Revenue Government transfers, contributions and other amounts are received from third parties pursuant to legislation, regulation or agreement and may only be used in the conduct of certain programs, in the completion of specific work. In addition, certain user charges and fees which have been collected but for which the related services have yet to be performed. Revenue is recognized in the period when the related expense are incurred, services preformed. Investments Investment income consists of interest, dividends and realized gains or losses on sale of investments is recognized as revenue in the period when it is earned. Unrealized gains and losses on investments are recognized in the accumulated remeasurement gains and losses until settlement. Once realized, these gains and losses are recognized as revenue or expenses in the consolidated statement of operations. When required by funding government or related Act, investment income earned on deferred revenue is added to the investment and forms part of the deferred revenue balance. Financial Instruments The Municipality, upon initial recognition, classifies it's financial instruments into two categories: i.fair value or; ii.cost or amortized cost; Long-term debt is initially recorded at fair value and subsequently measured at amortized cost using the effective interest rate method. Transaction costs related to the issuance of long-term debt are capitalized and amortized over the term of the debt. - 10 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Notes to the Consolidated Financial Statements Year Ended December 31, 2024 2.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Financial Instruments (continued) Other financial instruments including cash, accounts receivable, accounts payable and accrued liabilities are initially measured at fair value and subsequently measured at cost. Investments are initially recorded at fair value and subsequently measured at fair value with the fair value determined as follows: i.Level 1 - Fair value measurements are those derived from quoted prices (in active markets); ii.Level 2 - Fair value measurements are those derived from inputs other than quoted prices included within Level 1 that are observable for the assets, either directly (i.e. as prices) or indirectly (i.e. derived from prices); iii.Level 3 - Fair value measurements are those derived from valuation techniques that include inputs for the asset that are not based on observable data (unobservable inputs). Unrealized gains and losses from changes in the fair value of financial instruments are recognized in the statement of remeasurement gains and losses. All financial assets are tested annually for impairment. When financial assets are impaired, impairment losses are recorded in the statement of operations. Use of Estimates The preparation of consolidated financial statements in conformity with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenses during the period. In addition, the Municipality's implementation of the Public Sector Accounting Handbook PS3150 has required management to make estimates of historical cost and useful lives of tangible capital assets. These estimates and assumptions are based on the best information and judgment and may differ significantly from actual results. Government Transfers Government transfers are recognized in the consolidated financial statements as revenues in the financial period in which events giving rise to the transfer occur, providing the transfers are authorized, any eligibility criteria have been met including performance and return requirements, and reasonable estimates of the amounts can be determined. Any amount received but restricted is recorded as deferred revenue and recognized as revenue in the period in which the resources are used for the purpose specified. In addition, the Municipality periodically receives senior government capital funding in the form of infrastructure grants and receives ongoing funding from both senior levels of government as a result of an allocation of the gas tax funds. - 11 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Notes to the Consolidated Financial Statements Year Ended December 31, 2024 2.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Non-Financial Assets Non-financial assets are not available to discharge existing liabilities and are held for use in the provision of services. They have useful lives extending beyond the current year and are not intended for sale in the ordinary course of operations. The change in non-financial assets during the year, together with the excess of revenues over expenses, provides the Change in Net Financial Assets for the year. i) Tangible capital assets Tangible capital assets are recorded at cost which includes all amounts that are directly attributable to acquisition, construction, development or betterment of the asset. The cost, less residual value, of the tangible capital assets are amortized on a straight-line basis over their estimated useful lives as follows: Building and components 20 to 75 years Vehicles 5 to 25 years Machinery and equipment 5 to 27 years Land improvements 18 to 25 years Plants and facilities 20 to 75 years Roads 20 to 60 years Bridges and other structures 15 to 80 years Underground and other networks 17 to 100 years No amortization is charged in the year of acquisition and a full year of amortization is charged in the year of disposal. Assets under construction are not amortized until the asset is available for productive use. ii) Contributions of tangible capital assets Tangible capital assets received as contributions are recorded at their fair value at the date of receipt and also are recorded as revenue. iii) Works of art and cultural and historic assets Works of art and cultural and historic assets are not recorded as assets in these consolidated financial statements. iv) Interest capitalization The Municipality does not capitalize interest costs associated with the acquisition or construction of a tangible capital asset. vi) Inventories of supplies Inventories of supplies held for consumption are recorded at the lower of cost and replacement cost. - 12 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Notes to the Consolidated Financial Statements Year Ended December 31, 2024 2.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Tax Revenues In 2024, the Municipality received $6,492,694 (2023 - $5,748,346) in property tax revenues for municipal purposes. The authority to levy and collect property taxes is established under the Municipal Act 2001, the Assessment Act, the Education Act, and other legislation. The amount of the total annual property tax levy is determined each year through Council's approval of the annual budget. Municipal tax rates are set annually by Council for each class or type of property, in accordance with legislation and Council-approved policies, in order to raise the revenue required to meet operating budget requirements. Education tax rates are established by the Province each year in order to fund costs of education on a Province-wide basis. Taxation revenues are recorded at the time billings are issued. Additional property tax revenue can be added throughout the year, related to new properties that become occupied, or that become subject to property tax, after the return of the annual assessment roll used for billing purposes. The Municipality may receive supplementary assessment rolls over the course of the year from MPAC that identify new or omitted assessments. Property taxes for these supplementary/omitted amounts are then billed according to the approved tax rate for the property class. Taxation revenues in any year may also be reduced as a result of reductions in assessment value rising from assessment and/or tax appeals. Each year, an amount is identified to cover the estimated amount of revenue loss attributable to assessment appeals, tax appeals or other deficiencies in tax revenue (e.g. uncollectible amounts, write-offs, etc.). Employee Benefit Plans The Municipality accounts for its participation in the Ontario Municipal Employees Retirement System (OMERS), a multi-employer public sector pension fund, as a defined contribution plan. The OMERS plan specifies the retirement benefits to be received by the employees based on the length of service and pay rates. The fund is a contributory defined benefit pension plan. As this is a multi- employer plan, no liability is recorded in the Municipality's consolidated financial statements. The employers contribution to a multi-employer defined benefit plan are expensed as the obligations arise. Environmental Provisions and Contaminated Sites The Municipality may be exposed to litigation or other costs of remediation due to contaminated properties in it's jurisdiction. A liability for remediation is recognized in the financial statements when an environmental standard exists, contamination exceeds the standard, the government is responsible for the remediation and a reasonable estimate of the liability can be made. As at December 31, 2024 there were no properties that the Municipality was responsible to remedy and as such no liability has been accrued. - 13 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Notes to the Consolidated Financial Statements Year Ended December 31, 2024 2.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Related Party Transactions Related parties exist when one party has the ability to control or has shared control over another party. Individuals that are key management personnel or close family members may also be related parties. Disclosure is made when the transaction or events between related parties occur at a value different from what would have been recorded if they were not related and the transaction could have a material financial impact on the consolidated financial statements. Inter-Entity Transactions Transactions between related parties are recorded at carrying amounts with the exception of the following: i.Transactions in the normal course of business or with fair consideration are recorded at exchange amount; ii.Transfer of an asset or liability at nominal amounts or no consideration are recorded by the provider at carrying amounts and the recipient has the choice of either carrying amount or fair value; iii.Cost allocations are reported using the exchange amounts and revenues and expenses are reported on a gross basis; iv.Unallocated costs for the provision of goods or services maybe recorded by the provider at cost, fair value or another amount dictated by policy, accountability structure or budget practice. Asset Retirement Obligations The Municipality may be exposed to obligations of remediation associated with their tangible capital assets. If a legal obligation exists of remediation for a tangible capital asset then the Municipality would be required to set up an estimated future cost and liability associated with these obligations. As at December 31, 2024 there were no tangible capital assets that Municipality has controlled, constructed, owned or used that would have a legal obligation of remediation. - 14 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Notes to the Consolidated Financial Statements Year Ended December 31, 2024 3.INVESTMENTS 2024 2023 $ $ $ $ Cost Market Cost Market Guaranteed investment certificates 8,453,961 8,453,961 7,742,341 7,742,341 The investments consist of guaranteed investment certificates and cash which are recorded at their fair market value. The certificates mature between February 2025 and February 2026 and yield interest rates from 3.00% to 5.20%. Total interest earned on these investments was $529,547 (2023 - $375,793). All of the above investments are valued as Level 1 investments. 4.TAXES RECEIVABLE 2024 2023 $ $ Current taxes receivable 789,705 570,617 Arrears taxes receivable 166,845 135,417 Penalties and interest 86,588 71,356 1,043,138 777,390 5.ACCOUNTS RECEIVABLE 2024 2023 $ $ Accounts receivable 514,449 469,531 Government grants and funding 126,263 91,105 Debentures, interest at 2.97%, due 2034 170,941 189,349 Government remittances receivable 128,807 171,164 940,460 921,149 - 15 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Notes to the Consolidated Financial Statements Year Ended December 31, 2024 6.TANGIBLE CAPITAL ASSETS December 31, 2024 Disposals and Cost Opening Additions Adjustments EndingInfrastructure Linear - Roadways 47,013,882 1,280,378 -48,294,260 Linear - Water Services 11,599,565 155,468 (11,975)11,743,058 Linear - Waste Water Services 16,546,027 --16,546,027 Infrastructure Total 75,159,474 1,435,846 (11,975)76,583,345 General Land 1,063,805 --1,063,805 Land Improvements 2,066,098 15,356 -2,081,454 Buildings 11,885,433 154,695 -12,040,128 Machinery and Equipment 4,574,784 29,734 -4,604,518 Vehicles 2,810,280 588,283 (175,104)3,223,459 General Total 22,400,400 788,068 (175,104)23,013,364 Work in Progress 656,336 151,178 (242,027)565,487 Total Cost 98,216,210 2,375,092 (429,106)100,162,196 Accumulated Amortization Disposals and Opening Amortization Adjustments EndingInfrastructure Linear - Roadways 18,989,588 901,786 -19,891,374 Linear - Water Services 3,790,296 320,133 (11,641)4,098,788 Linear - Waste Water Services 4,124,683 202,279 -4,326,962 Infrastructure Total 26,904,567 1,424,198 (11,641)28,317,124 General Land Improvements 1,108,067 77,989 -1,186,056 Buildings 5,900,790 231,308 -6,132,098 Machinery and Equipment 2,381,270 123,490 -2,504,760 Vehicles 2,124,704 211,177 (175,104)2,160,777 General Total 11,514,831 643,964 (175,104)11,983,691 Total Accumulated Amortization 38,419,398 2,068,162 (186,745)40,300,815 Net Book Value Opening Ending Infrastructure Linear - Roadways 28,024,294 28,402,886 Linear - Water Services 7,809,269 7,644,270 Linear - Waste Water Services 12,421,344 12,219,065 48,254,907 48,266,221 General Land 1,063,805 1,063,805 Land Improvements 958,031 895,398 Buildings 5,984,643 5,908,030 Machinery and Equipment 2,193,514 2,099,758 Vehicles 685,576 1,062,682 10,885,569 11,029,673 Work in Progress 656,336 565,487 Total Net Book Value 59,796,812 59,861,381 - 16 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Notes to the Consolidated Financial Statements Year Ended December 31, 2024 6.TANGIBLE CAPITAL ASSETS (CONTINUED) December 31, 2023 Disposals and Cost Opening Additions Adjustments EndingInfrastructure Linear - Roadways 46,072,591 941,291 -47,013,882 Linear - Water Services 10,326,535 1,288,772 (15,742)11,599,565 Linear - Waste Water Services 16,546,027 --16,546,027 Infrastructure Total 72,945,153 2,230,063 (15,742)75,159,474 General Land 1,063,805 --1,063,805 Land Improvements 1,857,073 209,025 -2,066,098 Buildings 11,860,892 24,541 -11,885,433 Machinery and Equipment 4,495,686 103,463 (24,365)4,574,784 Vehicles 2,780,849 52,845 (23,414)2,810,280 General Total 22,058,305 389,874 (47,779)22,400,400 Work in Progress 167,255 490,653 (1,572)656,336 Total Cost 95,170,713 3,110,590 (65,093)98,216,210 Accumulated Amortization Disposals and Opening Amortization Adjustments EndingInfrastructure Linear - Roadways 18,131,271 858,317 -18,989,588 Linear - Water Services 3,546,334 259,704 (15,742)3,790,296 Linear - Waste Water Services 3,922,957 201,726 -4,124,683 Infrastructure Total 25,600,562 1,319,747 (15,742)26,904,567 General Land Improvements 1,040,735 67,332 -1,108,067 Buildings 5,649,867 250,923 -5,900,790 Machinery and Equipment 2,258,856 130,939 (8,525)2,381,270 Vehicles 1,930,500 217,618 (23,414)2,124,704 General Total 10,879,958 666,812 (31,939)11,514,831 Total Accumulated Amortization 36,480,520 1,986,559 (47,681)38,419,398 Net Book Value Opening Ending Infrastructure Linear - Roadways 27,941,320 28,024,294 Linear - Water Services 6,780,201 7,809,269 Linear - Waste Water Services 12,623,070 12,421,344 47,344,591 48,254,907 General Land 1,063,805 1,063,805 Land Improvements 816,338 958,031 Buildings 6,211,025 5,984,643 Machinery and Equipment 2,236,830 2,193,514 Vehicles 850,349 685,576 11,178,347 10,885,569 Work in Progress 167,255 656,336 Total Net Book Value 58,690,193 59,796,812 - 17 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Notes to the Consolidated Financial Statements Year Ended December 31, 2024 7.LONG-TERM LIABILITIES a)The balance of long-term liabilities reported on the Consolidated Statement of Financial Position is made up of the following: 2024 2023 $ $ TD loan, 2.71%, repayable in blended monthly payments of $27,557, due March 2025 (Project Ojibwa)4,128,631 4,343,940 Consolidated water board debt, interest rates ranging from 1.5% to 3.20%, maturing September 2020 to March 2027 31,200 43,732 4,159,831 4,387,672 Principal repayments are summarized as follows: Tax User Revenue Charges Total 2025 4,128,631 12,890 4,141,521 2026 -13,181 13,181 2027 -5,129 5,129 2028 --- Beyond --- Total 4,128,631 31,200 4,159,831 b)All long-term liabilities issued on or before December 31, 1992 have received approval of the Ontario Municipal Board. Long-term liabilities issued after January 31, 1993 have been approved by by-law. The annual principal and interest payments required to service these liabilities are within the annual debt repayment limit prescribed by the Ministry of Municipal Affairs and Housing. c)Interest expense on long-term liabilities in 2024 amounted to $116,351 (2023 - $122,076). d)Subsequent to the year end, the TD loan was discharged at it's maturity date for it's remaining principal of $4,092,614. This was funded by the guarantorship reserve (debt reduction purposes), which was increased by $1,100,000 in the 2025 budget to fund the discharge of the long-term debt. - 18 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Notes to the Consolidated Financial Statements Year Ended December 31, 2024 8.ACCUMULATED SURPLUS The accumulated surplus balance is comprised of current fund, capital fund, balances in reserves and discretionary reserve funds, unfunded liabilities to be recovered in the future and investment in tangible capital assets. 2024 2023 $ $ SURPLUS Municipality - current fund -- Cemetery boards - current fund 181,696 169,987 Benefiting landowners - current fund (121,423)(313,418) Invested in tangible capital assets - capital fund 59,861,381 59,796,812 Reserves 8,114,081 6,175,074 Reserve funds 4,016,335 3,800,988 72,052,070 69,629,443 AMOUNTS TO BE RECOVERED Net long-term debt (Note 7)(4,159,831)(4,387,672) ACCUMULATED SURPLUS 67,892,239 65,241,771 RESERVES AND RESERVE FUNDS CONSIST OF THE FOLLOWING: 2024 2023 $ $ Reserves set aside for specific purposes by Council: - for working capital 87,096 59,096 - for capital purposes 701,131 1,160,411 - for waterworks purposes 2,878,297 2,479,130 - for debt reduction purposes 2,976,532 1,400,000 - for other purposes 1,471,025 1,076,437 Total reserves 8,114,081 6,175,074 Reserve funds set aside for specific purposes by Council: - for water system - consolidated 224,020 192,095 - for sanitary sewers 3,488,426 3,305,883 - for recreation and cultural service purposes 303,889 303,010 Total reserve funds 4,016,335 3,800,988 - 19 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Notes to the Consolidated Financial Statements Year Ended December 31, 2024 9.TRUST FUNDS Trust funds administered by the Municipality amounting to $262,573 (2023 - $254,540) have not been included in the Consolidated Statement of Financial Position nor have their operations been included in the Consolidated Statement of Operations. 10. DEFERRED REVENUE - OBLIGATORY RESERVE FUNDS A requirement of the public sector accounting principles of the Canadian Institute of Chartered Professional Accountants is that obligatory reserve funds be reported as deferred revenue. This requirement is in place as provincial legislation restricts how these funds may be used and under certain circumstances these funds may be refunded. The balances in the obligatory reserve funds of the Municipality are summarized below: 2024 2023 $ $ Development charges - water and waste water 551,577 107,189 Canada Community Building Fund 281,503 252,406 OCIF -135,456 Parkland 173,693 94,307 1,006,773 589,358 11.PENSION AGREEMENTS The Municipality makes contributions to the Ontario Municipal Employees Retirement Fund (OMERS), which is a multi-employer plan, on behalf of its staff. The plan is a defined benefit plan which specifies the amount of the retirement benefit to be received by the employees based on the length of service and rates of pay. Each year, an independent actuary determines the funding status of OMERS Primary Pension Plan (the Plan) by comparing the actuarial value of invested assets to the estimated present value of all pension benefits the members have earned to date. The most recent actuarial valuation of the Plan was conducted December 31, 2024, and the results of this valuation disclosed actuarial liabilities of $142.5 billion in respect of benefits accrued for service with actuarial assets at that date of $139.6 billion leaving an actuarial deficit of $2.9 billion. Since any surpluses or deficits are a joint responsibility of all Ontario municipalities and their employees, the Municipality does not recognize any share of the OMERS Pension surplus or deficit in these consolidated financial statements. The amount contributed to OMERS for 2024 was approximately $206,000 (2023 - $183,000). - 20 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Notes to the Consolidated Financial Statements Year Ended December 31, 2024 12.BUDGET FIGURES The operating budget approved by the council of the Municipality for 2024 is reflected on the consolidated statement of operations. Budget figures have been reclassified for the purposes of these financial statements to comply with PSAB reporting requirements. These adjustments include reserve transfers, capital expenditures, amortization and debt financing and repayment. Approved PSAB Budget Adjustments Budget $ $ $ REVENUES Property taxation 6,127,609 -6,127,609 Taxation from other governments 208,746 -208,746 User charges 2,344,697 829,617 3,174,314 Transfer payments: Federal 1,854,600 -1,854,600 Provincial 1,492,120 -1,492,120 Other municipalities 525,196 -525,196 Investment income 54,002 253,804 307,806 Penalties and interest on taxes 80,000 -80,000 Recoveries from benefiting landowners 50,255 144,987 195,242 Other 41,000 29,789 70,789 Capital reserve transfers 787,933 (787,933)- Total Revenues 13,566,158 470,264 14,036,422 EXPENSES General government 1,518,594 (190,928)1,327,666 Protection to persons and property 1,916,522 122,075 2,038,597 Transportation services 2,016,272 1,141,408 3,157,680 Environmental services 1,908,884 1,305,460 3,214,344 Health services 22,500 29,211 51,711 Social and family services 7,000 -7,000 Recreation and cultural services 290,530 122,384 412,914 Planning and development 290,298 31,954 322,252 Reserve transfers 363,558 (363,558)- Capital 5,232,000 (5,232,000)- Total Expenses 13,566,158 (3,033,994)10,532,164 BUDGETED ANNUAL SURPLUS -3,504,258 3,504,258 - 21 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Notes to the Consolidated Financial Statements Year Ended December 31, 2024 13.OPERATION OF SCHOOL BOARDS AND THE COUNTY OF ELGIN During 2024, requisitions were made by the school boards and the County of Elgin requiring the municipality to collect property taxes and payments in lieu of property taxes on their behalf. The amounts collected and remitted are summarized below: School Boards County $ $ Taxation and user charges 1,603,889 5,608,399 Share of payments in lieu of taxes 6,379 180,978 Amounts requisitioned 1,610,268 5,789,377 14. CONTINGENCIES As at December 31, 2024, certain legal actions are pending against the Municipality. The final outcome of the outstanding claims cannot be determined at this time. However, management believes that ultimate disposition of these matters will not materially exceed the amounts recorded in these consolidated financial statements. As at December 31, 2024, the Municipality also has a Writ of Seizure and Sale registered against the assets of the Elgin Military Museum. Although the Municipality expects no further recoveries from the assets of the Elgin Military Museum, the Municipality will ensure the Writ of Seizure and Sale is registered on title indefinitely. Estimated costs to settle claims are based on available information and projections of estimated future expenses developed based on the Municipality's historical experience. Claims are reported as an operating expense in the year of the loss, where the costs are deemed to be likely and can be reasonable determined. Claim provisions are reported as a liability in the consolidated statement of financial position. 15.FINANCIAL INSTRUMENTS .Risks and Concentrations The Municipality is exposed to various risks through its financial instruments. The following analysis provides a measure of the Municipality’s risk exposure and concentrations at the balance sheet date. Market Risk Market risk is the risk that the fair value or future cash flows of a financial instrument will fluctuate because of changes in market prices. Market risk comprises three types of risk: currency risk, interest rate risk and other price risk. The Municipality is mainly exposed to interest and price risk. - 22 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Notes to the Consolidated Financial Statements Year Ended December 31, 2024 15.FINANCIAL INSTRUMENT RISKS (CONTINUED) Interest Rate Risk Interest rate risk is the risk that the fair value or future cash flows of a financial instrument will fluctuate because of changes in market interest rates. The Municipality is exposed to interest rate risk on its fixed rate long-term debt. As the interest rates are fixed the Municipality doesn't believe that interest rate risk is a significant risk. Price Risk Price risk is the risk that the fair value or future cash flows of a financial instrument will fluctuate because of changes in market prices (other than those arising from interest rate risk or currency risk), whether those changes are caused by factors specific to the individual financial instrument or its issuer, or factors affecting all similar financial instruments traded in the market. The Municipality is exposed to price risk through its investments in quoted One Fund investments. These investments were redeemed in the prior year and price risk is no longer considered a significant risk. It is management's opinion that the Municipality is not exposed to significant currency risk. Liquidity Risk Liquidity risk is the risk that a Municipality will encounter difficulty in meeting obligations associated with financial liabilities. The Municipality is exposed to this risk mainly in respect of its accounts payable, accrued liabilities and long-term debt. The Municipality doesn't believe that liquidity risk is a significant risk. Credit Risk Credit risk is the risk that one party to a financial instrument will cause a financial loss for the other party by failing to discharge an obligation. The Municipality’s main credit risks relate to its accounts receivable and taxes receivable. The Municipality manages this risk by monitoring active receivable balances and forces tax sale on properties considered unrecoverable. At year end, the Municipality had approximately $188,173 (2023 - $200,967) in accounts receivable over 90 days of which the Municipality has deemed no allowance is necessary. The balances of taxes and utility receivables (water and sewer) are normally collectible from the property owner and the Municipality is able to force tax sale on properties to recover. In some instances the property owner may challenge property values which will in impact future recovery of taxes and potential repayments to the property owners. The Municipality actively monitors these assessment challenges and provides provisions when reasonable estimates can be made. At year end, the Municipality has provided an allowance of $nil (2023 - $nil) for these assessment challenges and $nil (2023 - $nil) in potential uncollectible tax assessments. - 23 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Notes to the Consolidated Financial Statements Year Ended December 31, 2024 16.SUPPLEMENTARY INFORMATION 2024 2023 $ $ [a] Current fund expenses by object: Salaries, wages and employees benefits 2,929,679 2,617,774 Long-term debt interest 116,351 122,076 Materials 3,321,396 3,491,877 Contracted services 2,352,228 2,322,739 Amortization 2,068,162 1,986,559 External transfers to others 105,747 105,068 Loss (gain) on disposal of tangible capital assets (3,666)3,877 10,889,897 10,649,970 [b] Cash flow information: Taxes receivable (265,748)(182,699) Accounts receivable (19,311)323,217 Inventories and prepaid expenses 8,650 49,036 Accounts payable and accrued liabilities (111,621)(43,451) Security and grading deposits 458,199 293,155 Deferred revenue-obligatory reserve funds 417,415 (215,960) 487,584 223,298 - 24 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Notes to the Consolidated Financial Statements Year Ended December 31, 2024 17.SEGMENTED INFORMATION The Municipality is a diversified municipal government institution that provides a wide range of services to its citizens, including fire, roads, sewer and water. For management reporting purposes the Government’s operations and activities are organized and reported by Fund. Funds were created for the purpose of recording specific activities to attain certain objectives in accordance with special regulations, restrictions or limitations. Municipal services are provided by departments and their activities are reported in these funds. Certain departments that have been separately disclosed in the segmented information, along with the services they provided, are as follows. Public Works The Public Works department is responsible for the delivery of municipal public works services related to the planning, development and maintenance of roadway systems, the maintenance of parking and open space, and street lighting. The Water and Waste Funds The water and wastewater department provides drinking water to citizens of the municipality, as well as, collection and treatment of wastewater. This department is responsible for the operation and maintenance of both systems in accordance with government regulations under the Safe Drinking Water Act and other pieces of legislation. Other segments This segment includes the remaining departments and activities of the Municipality. Some of the larger activities in this segment include general government, fire, police, public health services, recreation and cultural services, planning and development and solid waste collection and disposal. For each reported segment, revenues and expenses represent both amounts that are directly attributable to the segment and amounts that are allocated on a reasonable basis. Therefore, certain allocation methodologies are employed in the preparation of segmented financial information. The General Revenue Fund reports on municipal services that are funded primarily by taxation such as property and business tax revenues. Taxation and payments-in-lieu of taxes are apportioned to General Revenue Fund services based on the Fund’s net surplus. Certain government transfers, transfer from other funds, and other revenues have been apportioned based on a percentage of budgeted expenses. The accounting policies used in these segments are consistent with those followed in the preparation of the consolidated financial statements as disclosed in Note 2. For additional information see the Consolidated Schedule of Segment Disclosure and Schedule of Segment Disclosure. - 25 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Consolidated Schedule of Segment Disclosure Year Ended December 31, 2024 Water and Public Other Total Waste Funds Works Segments Consolidated $ $ $ $ REVENUE Taxation -1,254,550 5,238,144 6,492,694 Sales of service and regulatory fees 2,672,275 115,591 719,951 3,507,817 Government transfer 76,320 523,592 1,874,354 2,474,266 Other 31,623 -1,033,965 1,065,588 2,780,218 1,893,733 8,866,414 13,540,365 EXPENSESSalaries, wages and employee benefits 538,726 850,770 1,540,183 2,929,679 Long-term debt interest 974 -115,377 116,351 Materials 911,190 1,356,957 1,053,249 3,321,396 Contracted services 589,789 24,612 1,737,827 2,352,228 Amortization 640,039 1,141,408 286,715 2,068,162 Loss (gain) on disposal of tangible capital assets 334 -(4,000)(3,666) Transfer to others --105,747 105,747 2,681,052 3,373,747 4,835,098 10,889,897 ANNUAL SURPLUS (DEFICIT)99,166 (1,480,014)4,031,316 2,650,468 - 26 - DR AF T THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Consolidated Schedule of Segment Disclosure Year Ended December 31, 2023 Water and Public Other Total Waste Funds Works Segments Consolidated $ $ $ $ REVENUE Taxation -1,413,084 4,335,261 5,748,345 Sales of service and regulatory fees 2,468,972 110,890 414,929 2,994,791 Government transfer -503,857 3,053,893 3,557,750 Other 52,168 -206,198 258,366 2,521,140 2,027,831 8,010,281 12,559,252 EXPENSESSalaries, wages and employee benefits 487,269 776,919 1,353,586 2,617,774 Long-term debt interest 1,267 -120,809 122,076 Materials 825,519 1,591,983 1,074,375 3,491,877 Contracted services 586,631 27,548 1,708,560 2,322,739 Amortization 597,996 1,097,705 290,858 1,986,559 Loss on disposal of tangible capital assets --3,877 3,877 Transfer to others --105,068 105,068 2,498,682 3,494,155 4,657,133 10,649,970 ANNUAL SURPLUS (DEFICIT)22,458 (1,466,324)3,353,148 1,909,282 - 27 - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, May 15, 2025 7:00 p.m. 7:30 p.m. Statutory Planning Meeting – 1 Application 8:00 p.m. Court of Revision – County Road 43 Drain The May 15, 2025 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON DAN FROESE *via Zoom SUSAN CHILCOTT STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL TREASURER LORNE JAMES *via Zoom 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:01 pm. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Emerson declared a pecuniary interest to item 12.2 A as he is the applicant. Councillor Emerson also later removed himself from items 14. D and H. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA CAO Thomas Thayer noted that items 12.2 A, 14. D and 14. H are to be removed from the agenda as staff were notified after the posting of agenda, on the day of the meeting, that Long Point Region Conservation Authority missed providing comments and wishes to do so. Mr. Thayer noted that should Council wish to still consider the report, that a resolution noting so could be passed. Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT items 12.2 A, 14. D and 14. H remain on the agenda for consideration. CARRIED Council Minutes May 15, 2025 2 4. ANNOUNCEMENTS CAO Thomas Thayer reminded residents that the Municipal Office will be closed on Monday, May 19, 2025 for Victoria Day. Mayor Ketchabaw noted the beautiful weather and that paid parking at the beach has begun. Mayor Ketchabaw requested residents to give it a chance and to refrain from spreading negativity on social media. Councillor Chilcott reminded residents of the upcoming Writers’ Festival taking place over the long weekend around Port Burwell. Councillor Chilcott also noted that on May 31, 2025 there will be another speaker at the Edison, Vienna & Area Museum on the Port Burwell Lighthouse. 5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held May 1, 2025 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the minutes from the Regular Meeting of Council held May 1, 2025 be approved as presented. CARRIED 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM One (1) member of the public spoke to item 12.2 A. 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council 11. PHYSICAL SERVICES – EMERGENCY SERVICES 11.1 Correspondence 11.1.1 Receive for Information 11.1.2 Requiring Action 11.2 Reports to Council A. Report PS-06/25 by Ed Roloson, Manager of Capital Projects / Water/Wastewater re Richmond Community Drinking Water System Capacity Council Minutes May 15, 2025 3 Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Report PS-06/25 re Richmond Community Drinking Water System Capacity be received for information. CARRIED 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-02/25 Van Ittersum B. Notice of Application re Proposed Draft Plan of Subdivision, Zelinka Priamo Ltd. C. Notice of Passing re Zoning By-law Amendment ZBA-07/25 Banman D. Notice of Passing re Zoning By-law Amendment ZBA-08/25 North Urban Homes Ltd. E. Notice of Passing re Zoning By-law Amendment ZBA-11/25 Beard Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT items 12.1.1 A – E be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-25/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Official Plan Amendment OPA-04/24 1498855 Ontario Inc. 92 Edison Drive Councillor Emerson left the table at 7:21 pm Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Staff Report DS-25/25 regarding the Official Plan Amendment Application OPA-04/24 and ZBA-27/24 submitted by 1498855 Ontario Inc. (c/o Timothy Emerson) be received for information; AND THAT, pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held December 19, 2024 associated with this application, there was one in-person and one virtual presentation, and no written public submissions and that all considerations were taken into account in Council’s decision passing this resolution; Council Minutes May 15, 2025 4 AND THAT Council considers the proposed amendment to add a site-specific text section to the Official Plan to be consistent with the Provincial Policy Statement 2024, and in conformity to the Elgin County Official Plan, and the Municipality of Bayham Official Plan; AND THAT By-law No. 2025-037, being an adopting By-law for Official Plan Amendment No. 39, for the purpose of adding a new site-specific sub-section 4.5.5.11 to the Official Plan to designate the south-western portion of the subject property from the ‘Open Space’ and ‘Hazard Lands’ designation to the ‘Commercial’ designation, and subsequently, Zoning By-law No. Z807-2025 to rezone the south-western portion of the subject property from the current ‘Holding Village Residential 1 (R1(h2))’ Zone to a ‘Site-Specific Tourist Commercial (C3-2)’ Zone, limiting the proposed use to a Maximum Floor Area of 450.0 m2 (4,843.76 ft2) in order to permit the proposed Micro Distillery use with an ancillary Interpretation and Information Centre on private services be presented for enactment; AND THAT adopted Official Plan Amendment No. 39 be forwarded to the County of Elgin for Approval. CARRIED Councillor Emerson returned to the table at 7:32 pm The Council Meeting recessed for a Statutory Planning Meeting at 7:32 pm. The Council Meeting resumed at 7:35 pm. 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Town of Cobourg re Ontario Works Financial Assistance Rates B. Township of Champlain re Surveillance and Monitoring of Heavy Vehicles in Ontario C. Township of Otonabee-South Monaghan re Proposal to end Daylight Savings Time in Ontario D. Municipal Property Assessment Corporation re Financial Statements E. Long Point Region Conservation Authority re April 2, 2025 Hearing Board Meeting Minutes F. Long Point Region Conservation Authority re April 2, 2025 Meeting Minutes G. County of Elgin re 2025 Warden’s Charity Golf Tournament Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT items 13.1.1 A – G be received for information. CARRIED Council Minutes May 15, 2025 5 13.1.2 Requiring Action 13.2 Reports to Council A. Report TR-12/25 by Lorne James, Treasurer re Development Charges Study – Fire, Roads, Parks and Recreation Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report TR-12/25 re Development Charges Study – Fire, Roads, Parks and Recreation be received for information; AND THAT staff be directed to proceed with the Development Charges Study for public consultation. CARRIED B. Report CAO-25/25 by Thomas Thayer, CAO re Stop-Up, Close and Convey – Part 1 on Plan 11R-11305 Part of Fourth Street Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Report CAO-25/25 re Stop-up, Close, and Convey – Part 1 on Plan 11R-11305 –Part of Fourth Street, Straffordville be received for information; AND THAT Council rescinds its previous motion from March 20, 2025 in regards to Report CAO-16/25 to convey Part 1 on Plan 11R-11305 to the Trustees of the Straffordville Evangelical Mennonite Church; AND THAT By-law No. 2025-023 be repealed; AND THAT the Council of The Corporation of the Municipality of Bayham directs the stop-up, close, and conveyance of Part 1 on Plan 11R-11305 to Soreny Farms Ltd.; AND THAT the appropriate by-law be brought forward for Council’s consideration. CARRIED The Council Meeting recessed at 7:54 pm and resumed at 8:00 pm. The Council Meeting recessed for a Court of Revision Meeting at 8:00 pm. The Council Meeting resumed at 8:05 pm. 14. BY-LAWS A. By-law No. 2025-028 A provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the County Road 43 Drain (third reading) Council Minutes May 15, 2025 6 B. By-law No. 2025-035 Being a by-law to adopt the capital estimates for the year 2025 C. By-law No. 2025-036 Being a by-law to establish a levy for the year 2025 to adopt tax rates, provide for penalty and interest in default of payment and the collection thereof D. By-law No. 2025-037 Being a by-law to adopt Official Plan Amendment No. 39 E. By-law No. 2025-038 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and Zouling Technologies Inc. for information technology service management F. By-law No. 2025-039 Being a by-law to stop up, close and convey part of fourth street in the Municipality of Bayham in the County of Elgin designated as Part 1 on registered plan 11R-11305 G. By-law No. 2025-040 Being a by-law to amend By-law No. 2024-050 being a by-law to appoint municipal officers and employees for the Municipality of Bayham H. By-law No. Z807-2025 Being a by-law to amend By-law No. Z456-2003, as amended – Emerson Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT By-law No. 2025-028 be given a third and final reading; AND THAT By-law Nos. 2025-035, 2025-036, 2025-038, 2025-039 and 2025-040 be read a first, second and third time and finally passed. CARRIED Councillor Emerson left the table at 8:09 pm Moved by: Councllor Chilcott Seconded by: Deputy Mayor Weisler THAT By-law Nos. 2025-037 and Z807-2025 be read a first, second and third time and finally passed. CARRIED Councillor Emerson returned to the table at 8:10 pm 15. UNFINISHED BUSINESS 16. OTHER BUSINESS A. Draft Minutes of the April 28, 2025 Waterfront Advisory Committee Meeting B. Draft Minutes of the April 29, 2025 Joint Cemetery Board Meeting Council Minutes May 15, 2025 7 C. Draft Minutes of the April 30, 2025 Museum Advisory Committee Meeting Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT the draft minutes of the April 28, 2025 Waterfront Advisory Committee Meeting, April 29, 2025 Joint Cemetery Board Meeting and April 30, 2025 Museum Advisory Committee Meeting be received for information. CARRIED D. Recommendations to Council from the Waterfront Advisory Committee Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT the recommendation from the April 28, 2025 Waterfront Advisory Committee Meeting be received for information; AND THAT staff be directed to allocate $250 from the advertising line of the Tourism budget towards a photography contest. CARRIED E. Recommendations to Council from the Joint Cemetery Board Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the recommendation from the April 29, 2025 Joint Cemetery Board Meeting be received for information; AND THAT staff be directed to investigate options for providing an online payment method on the corporate website for accepting donations for Bayham cemeteries. CARRIED 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2025-041 Being a by-law to confirm all actions of Council Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Confirming By-law No. 2025-041 be read a first, second and third time and finally passed. CARRIED Council Minutes May 15, 2025 8 18. ADJOURNMENT Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 8:16 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, May 15, 2025 7:30 p.m. A. Proposed Zoning By-law Amendment ZBA-02/25 Van Ittersum, 12011 Elliott Road The May 15, 2025 Planning Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON DAN FROESE *via Zoom SUSAN CHILCOTT STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL PUBLIC ATTENDEES A: N/A 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:32 pm. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Proposed Zoning By-law Amendment ZBA-02/25 Van Ittersum, 12011 Elliott Road THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Estate Residential (ER)’ Zone to a ‘Site-Specific Estate Residential (ER-XX)’ Zone to permit the construction of a replacement accessory building on the subject property which requires relief from the following provision: • Section 8.10.2 to permit a cumulative Maximum Floor Area for Accessory Buildings of 197 m2, whereas 95.0 m2 is required. 2 The subject property is known as 12011 Elliott Road, west side, and south of Green line. THE EFFECT of this By-law is to permit a new accessory building that exceeds the Maximum Floor Area requirement for accessory buildings and structures for the storage of personal items. 5. PUBLIC PARTICIPATION No public participation. 6. CORRESPONDENCE No correspondence. 7. OTHER BUSINESS No other business. 8. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Zoning By-law be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application ZBA-02/25 is now complete at 7:35 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers - HYBRID Thursday, May 15, 2025 8:00 p.m. – County Road 43 Drain The May 15, 2025 Court of Revision Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON DAN FROESE *via Zoom SUSAN CHILCOTT STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS *via Zoom ENGINEER: JOHN SPRIET *via Zoom PUBLIC ATTENDEES: N/A 1. CALL TO ORDER Mayor Ketchabaw called the Court of Revision meeting to order at 8:00 pm. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING A. County Road 43 Drain Notice of Court of Revision Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the Court of Revision is to provide an opportunity for any person or body entitled to receive Notice to appeal their assessment as per Engineers Report #224307. 4. STAFF PRESENTATION A. Report DR-06/25 by Steve Adams, Manager of Public Works / Drainage Superintendent re County Road 43 Drain Court of Revision 5. PUBLIC PARTICIPATION No public participation. 6. DISPOSITION Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DR-06/25 re County Road 43 Drain-Algar Extension Court of Revision be received for information; AND THAT the Court of Revision acknowledge that no appeals have been received with respect to the County Road 43 Drain-Algar Extension assessments outlined in Engineer’s Report #224307; AND THAT Engineer Report #224307, dated March 28, 2025, for the County Road 43-Algar Extension be adopted as presented; AND THAT corresponding By-law No. 2025-028 be presented to Council for a third and final reading. CARRIED 7. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT the Court of Revision for the County Road 43 Drain be adjourned at 8:05 p.m. CARRIED MAYOR CLERK ZBA-27/24 PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z807-2025 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: 1498855 ONTARIO INC. (EMERSON) LOCATION: 92 EDISON DRIVE, VIENNA TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z807-2025 on the 15th day of May 2025 under Section 34 of The Planning Act. AND TAKE NOTICE that any person or agency as described below may appeal to the Ontario Land Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 11th day of June 2025 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. The Zoning By-law comes into force where Official Plan Amendment No. 39 comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended. THE PURPOSE of this Zoning By-law Amendment is to permit the proposed Micro Distillery use with an ancillary Interpretation and Information Centre on private services within an existing building on the subject property known as 92 Edison Drive, north side, in the Village of Vienna. The south-western portion of the subject property will be rezoned from the current ‘Holding Village Residential 1 (R1(h2))’ Zone to a ‘Site-Specific Tourist Commercial (C3-2)’ Zone, limiting the proposed use to a Maximum Floor Area of 450.0 m2 (4,843.76 ft2). THE EFFECT of this Zoning By-law Amendment is to permit the proposed Micro Distillery use with an ancillary Interpretation and Information Centre on private services for a Maximum Floor Area of 450.0 m2 (4,843.76 ft2) within an existing building on the subject property. ONLY THE APPLICANT, SPECIFIED PERSONS, PUBLIC BODIES, REGISTERED OWNERS OF LAND TO WHICH THIS BY-LAW WOULD APPLY, AND THE MINISTER may appeal a by-law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO SPECIFIED PERSON PUBLIC BODY, OR REGISTERED OWNER OF LAND TO WHICH THIS BY-LAW WOULD APPLY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the specified person, public body, or registered owner of land to which the by-law would apply made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection by contacting the municipal office. DATED at the Municipality of Bayham this 22nd day of May 2025. NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality. Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca OPA-04/24 PLANNING ACT NOTICE OF THE ADOPTION OF OFFICIAL PLAN AMENDMENT NO. 39 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: 1498855 ONTARIO INC. (C/O TIMOTHY EMERSON) TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No. 2025-037 on the 15h day of May 2025 in accordance with Section 17 of The Planning Act. THE PURPOSE of this Official Plan Amendment is to permit the proposed Micro Distillery use with an ancillary Interpretation and Information Centre on private services within an existing building on the subject property known as 92 Edison Drive, north side, in the Village of Vienna. Through the Official Plan Amendment, the south-western portion of the subject property will be redesignated from the ‘Open Space’ and ‘Hazard Lands’ designation to the ‘Commercial’ designation. THE EFFECT of this Official Plan Amendment is to permit the proposed Micro Distillery use with an ancillary Interpretation and Information Centre on private services for a Maximum Floor Area of 450.0 m2 (4,843.76 ft2) within an existing building on the subject property. THE COMPLETE By-law 2025-037 and Official Plan Amendment No. 39 is available for review on the Bayham Municipal website: www.bayham.on.ca or by contacting the Municipal office (contact information below). ANY PERSON or public body is entitled to receive notice of the decision of the approval authority if a written request to be notified of the decision is made to the approval authority, namely the County of Elgin, County Administration Building, 450 Sunset Drive, St. Thomas, Ontario, Attention: Director of Planning and Development. The Official Plan Amendment is not exempt from approval under subsection 17(9) or (10) of The Planning Act. DATED at the Municipality of Bayham this 22nd day of May 2025. Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca ZBA-15/25 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: JOHN AND ANGIE NEUFELD LOCATION: 56132 HOWEY LINE TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-15/25). AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, June 5th, 2025, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Estate Residential (ER)’ Zone to ‘Site Specific Estate Residential (ER-XX)’ Zone to permit the construction of a second accessory building which requires relief from the following provisions: • Section 8.13.X to permit a Maximum Cumulative Floor Area for Accessory Buildings of 210m²; where a Maximum of 95m² or 8% Lot Coverage (whichever is lesser) is required under Section 8.10.2. • Section 8.13.X to permit a Minimum Lot Area of 0.27 ha; whereas 0.4ha is required under Section 8.3 The subject property is known as 56132 Howey Line, north-east corner property at the intersection of Plank Road and Howey Line / Maple Grove Line. THE EFFECT of this By-law is to permit a new accessory building that exceeds the Maximum Floor Area requirements for the storage of personal recreational vehicles and belongings and to recognize an existing Lot Area that is under the required area for the ‘ER’ zone. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. Written comments submitted on or before 4:30pm on Tuesday, May 27, 2025 to munderhill@bayham.on.ca or at the municipal office will be included in the public meeting agenda. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 16th day of May 2025. Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: June 5, 2025 REPORT: DS-26/25 FILE NO. C-07 / D09.24YU Roll # 3401-002-001-00605 SUBJECT: Consent Application E94-24 and E96-24 Yu 55 Wellington St, Port Burwell BACKGROUND Originally, consent applications E94-24, E95-24, and E96-24 were received from the Elgin County Land Division Committee, as submitted by Lihai Yu, owner of 55 Wellington Street, Port Burwell, proposing to sever three (3) lots from the parcel. Staff did not support the three applications and raised concerns to the land owner in a pre-consultation meeting held September 18, 2024. County Land Division deferred the applications at the December 11, 2024 meeting. Application E95-24 was withdrawn. Revised versions of two (2) Consent applications E94-24 and E96-24 were received and reviewed by municipal planner and staff. The subject property is designated as a ‘Residential’ land use as per Schedule ‘D’ Port Burwell of the Municipality of Bayham Official Plan and is zoned ‘Village Residential 1 (R1)’ on Schedule ‘I’ of Zoning By-law No. Z456-2003. The applications propose to sever and create two new lots and retain one residential parcel with an existing one-storey single-detached dwelling. In order to facilitate the creation of Lot No. 1 (E94-24), the retained dwelling’s attached garage has to be removed. Elgin County Land Division Committee will consider the application on June 25, 2025. DISCUSSION The planner’s memorandum, dated May 26, 2025, analyzes the applications subject to the Municipality of Bayham Official Plan and Zoning By-law. The standard conditions would include: digital survey, cash in lieu payment for the creation of a lot, storm water management/grading plan, and the planning report fee. The civic addressing signage will be the homeowner’s responsibility to purchase the assigned two-digit numbers to affix to the dwelling. Other conditions apply including removal of structures, the installation of services, access permit, a minor Staff Report DS-26/25 Yu 2 variance application for the proposed Lot No. 1 to permit a permit a reduced Minimum Lot Frontage of 11.0 metres, as well as for the proposed retained Lot No. 2 to permit a reduced minimum side yard width of 1.08 metres (west side). Staff and municipal planner recommend the support of the consent applications to create two additional building lots with the recommended conditions. STRATEGIC PLAN Not Applicable. ATTACHMENTS 1. Consent Application E94-24 Yu 2. Consent Application E96-24 Yu 3. Arcadis Memorandum, dated May 26, 2025 RECOMMENDATION THAT Report DS-26/25 regarding the Consent Applications E94-24 and E96-24 Yu be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E94-24 be granted subject to the following conditions and considerations: 1. That the Owner obtains approval of a Minor Variance Application for the proposed Severed Lot No. 1 to permit a reduced Minimum Lot Frontage of 11.0 metres and approval of a minor variance for the proposed Retained Lot No. 2 to permit a reduced Minimum Side Yard Width of 1.08 metres (west side); 2. That the Owner obtains a demolition permit to remove the existing attached garage from the existing house on the Retained Lot No. 2; 3. That the Owner removes the existing attached garage and removes all debris in accordance with the demolition permit on Lot No. 2 and removes all other existing accessory structures from the property located on proposed Severed Lot No. 1; 4. That the Owner obtains permits from the Municipality and installs a new municipal water and sanitary service connection to the proposed Severed Lot No. 1; 5. That the Owner provides confirmation with respect to the location of the existing municipal water and sanitary service connections to the Retained Lot No. 2. Should the existing servicing laterals cross the proposed property lines, the Owner shall obtain a permit from the Municipality for the installation of a new municipal water and sanitary service connection to the Retained Lot No. 2; 6. That the Owner obtains approval from the Municipality for a road entrance permit (Wellington Street) for a new access to the proposed Severed Lot No. 1; 7. That the Owner provides an engineered grading, drainage and storm water management plan for Severed Lot No.1 and the Retained Lot No. 2 to demonstrate that the lands will drain properly with no negative impacts on the neighbouring lands or the street, all to the satisfaction of the Municipality; 8. That the Owner initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for a municipal drain (Wellington Street Drain) in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the Owner will be billed for any additional costs incurred. 9. That the Owner pay fees as required in Municipal By-law No. 2020-053 Cash-in-lieu of Parkland; Staff Report DS-26/25 Yu 3 10. That the Owner provides a digital copy of a survey of the subject lands; 11. That the Owner provides a Planning Report Fee due and payable to the Municipality of Bayham upon the County granting the consent. AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E96-24 be granted subject to the following conditions and considerations: 1. That the Owner obtains a permit from the Municipality for the installation of a new municipal water and sanitary service connection to the proposed Severed Lot No. 3; 2. That the Owner provides confirmation with respect to the location of the existing municipal water and sanitary service connections to the Retained Lot No. 2. Should the existing servicing laterals cross the proposed property lines, the Owner shall obtain a permit from the Municipality of Bayham for the installation of a new municipal water and sanitary service connection to the Retained parcel; 3. That the Owner obtains approval from the Municipality of Bayham for road entrance permit (Wellington Street) for a new access to the proposed Severed Lot No. 3; 4. That the Owner provides an engineered grading, drainage and storm water management plan for Severed Lot No. 3 and the Retained Lot No. 2 to demonstrate that the lands will drain properly with no negative impacts on the neighbouring lands or the street, all to the satisfaction of the Municipality of Bayham; 5. That the Owner initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for a municipal drain (Wellington Street Drain) in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the Owner will be billed for any additional costs incurred. 6. That the Owner pay fees as required in Municipal By-law No. 2020-053 Cash-in-lieu of Parkland; 7. That the Owner provides a digital copy of a survey of the subject lands; 8. That the Owner provides a Planning Report Fee due and payable to the Municipality of Bayham upon the County granting the consent. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator|Deputy Clerk Chief Administrative Officer 420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0J6 Memorandum To/Attention Municipality of Bayham Date May 26, 2025 From Jeff Henry, RPP, MCIP Project No 966 cc Subject Lihai Yu - 55 Wellington Street, Port Burwell - Applications for Consent E94-24 and E96-24 Background and Summary 1. An original application of three (3) Consent Applications (E94-24, E95-24, and E96- 24) was submitted by Lihai Yu, owner of the subject property identified as 55 Wellington Street in the Village of Port Burwell. These applications were not supported by staff and raised concerns from Municipal Staff during Pre-Consultation Meeting held on September 18th, 2024. A decision to defer the applications was made. 2. Revised applications of two (2) Consent Applications (E94-24 and a revised E96-24) have been received and shall be the basis for this Memo. 3. One (1) Memo has been prepared for both Consent Applications (E94-24 and a revised E96-24) in order to provide a comprehensive review of the proposal, as well as the “final parcel layouts”, should the applications be Conditionally Approved by the LDC, and the Conditions are satisfied by the owner within the statutory deadline. 4. The following table provides an overview of the proposed Consent Applications pertaining to the subject property, notably the proposed Lot Frontages and Areas for each parcel: 5. Based on the table provided above, the proposed Consent Applications will ultimately result in the creation of two (2) new residential lots and one (1) retained residential lot. The existing one-storey single-detached dwelling will remain on the proposed Retained Lot. The existing accessory buildings being an attached garage, a detached Application # Lot # Lot Frontage Lot Area E94-24 Lot #1 (new residential lot) 11.0 m (36.1 ft) 870.98 m2 (9,375.2 ft2) E96-24 Lot #3 (new residential lot) 19.66 m (64.5 ft) 1,556.6 m2 (16,755.9 ft2) Retained Lot (#2) 20.699 m (67.9 ft) 1,638.9 m2 (17,640.9 ft2) ARCADIS MEMORANDUM Municipality of Bayham – May 26th 2025 2 garage, and a shed will be removed. The new vacant lots are intended for new residential development. Subject Property and Surrounding Area 6. An existing single-detached dwelling with an attached garage, as well as a detached garage and small shed are located on the subject property. The owner is proposing to keep the existing single-detached dwelling as it exists today on the proposed Retained Lot. The existing attached garage is proposed to be removed/demolished, as it would encroach into the proposed Lot #1. Further, the detached garage and existing shed will need to be removed to facilitate the Consent Applications as they would otherwise become the primary uses of a new lot, which is not permitted. Therefore, as a Condition of Approval, the owner will be required to remove the attached garage, detached garage and small shed. 7. The subject property is located within the Village of Port Burwell and is currently serviced by municipal water and sanitary services. The proposed retained lot and dwelling would continue to be serviced by municipal water and sanitary services. Notwithstanding this, the owner would need to demonstrate the existing water and sanitary laterals do not cross the proposed property lines and are in accordance with the Municipality of Bayham standards. This would be included as a Condition of Approval. 8. The proposed severed lots (Lots #1 and #3) will require the installation of new municipal water and sanitary connections to service the future dwelling on each lot. As a Condition of Approval, the applicant would be required to obtain a permit from the Municipality of Bayham to authorize the installation of the new municipal water and sanitary connections to each lot. 9. There is an existing access along Wellington Street and driveway to the existing single-detached dwelling that will need to be relocated to ensure it is entirely contained within the retained lot. This will be included as a Condition of Approval. Further, two (2) new accesses will be required along Wellington Street to provide access to the severed lots. As a Condition of Approval, the owner will be required to obtain approval from the Municipality of Bayham for road entrance permits to create a new access for each lot. 10. The subject property is designated as a ‘Residential’ land use as per Schedule ‘D’ of the Municipality of Bayham Official Plan and is zoned ‘Village Residential 1 (R1)’ on Schedule ‘I’ of Zoning By-law Z456-2003. 11. With respect to the surrounding area, there are existing single-detached dwellings in all directions of the subject property, with an agricultural lot situated directly east. Being in the Village of Port Burwell, a mix of commercial and institutional uses exist within close proximity of the subject property. ARCADIS MEMORANDUM Municipality of Bayham – May 26th 2025 3 Municipality of Bayham Official Plan 12. Section 4.2.2.1 of the Municipality of Bayham Official Plan provides direction with respect to ‘General Policies Applicable to all Settlement Areas’, specifically residential uses. As such, this policy of the Official Plan encourages new residential development within existing settlement areas, like the Village of Port Burwell, by filling in the vacant areas and locating new residential development adjacent to existing built-up areas in a compact and contiguous fashion. Further, Section 4.2.4 of the Official Plan provides further direction with respect to the ‘Intensification and Redevelopment’ within settlement area boundaries on vacant or underutilized sites to efficiently utilize designated settlement area land and available municipal services. Comment: It is my opinion that the creation of two (2) new residential lots within the existing Village of Port Burwell makes efficient use of underutilized lands and existing municipal sewer services and is in conformity with the Official Plan general residential policies. 13. Section 4.5.1.1 of the Official Plan provides general policy direction with respect to ‘Villages’ in the Municipality of Bayham, such as the Village of Port Burwell which has the capability of accommodating urban types of development on full municipal services including piped water and sewerage facilities. Comment: The existing Lot will retain its existing connections to municipal water and sanitary services. The two proposed Lots will need to apply for a permit to connect to the existing services, at the owner’s expense. As municipal services will be used, the application conforms with the above noted Official Plan policy. 14. Section 4.5.2 of the Official Plan, pertaining to the ‘Residential’ land use designation in Villages, states that the primary use of land in settlement areas is intended for single-detached dwellings or other low-density types of dwellings. Further, Section 4.5.2.1 indicates that proposals for new dwelling lots should target a gross density of 20 units per hectare (uph) and shall be serviced with municipal sewer and water. Comment: The proposed severed and retained lots are intended to support single- detached dwellings, which are permitted and encouraged within the ‘Residential’ land use designation and provides for a proposed density of 7.5 units per hectare. It is my opinion that the proposed density and lot sizes will make efficient use of underutilized lands in the existing settlement area boundary, as well as the existing municipal water and sanitary services, in conformity with Section 4.5.2.1 of the Official Plan. 15. Section 4.5.2.8 of the Official Plan provides the following criteria regarding proposals for new single unit and two-unit dwellings in the ‘Residential’ land use designation: a) Lot frontage, depth and size: The lot frontage, lot depth, and lot size of any lots proposed to be used or created for residential purposes shall be appropriate to the development being proposed and consistent, wherever desirable and ARCADIS MEMORANDUM Municipality of Bayham – May 26th 2025 4 feasible, to adjacent and surrounding lots. In no case shall lots be created or dwelling units constructed which do not conform to the provisions of the Zoning By-law unless the By-law is otherwise amended or a variance granted. Comment: The proposed lot frontage, depth, and size of the proposed retained and severed lots #2 and #3 is consistent with the abutting residential lots along Wellington Street. The frontage of proposed Lot #1 is smaller and will require a Minor Variance, however, is consistent with the abutting residential lots to the north (rear) and west of the property along Elizabeth Street and Wellington Street. It is a small reduction and, in our opinion, appropriate for the surrounding area. In addition, both the proposed severed and retained lots meet the required minimum lot area of 800 m2 where water & sanitary services are available. Further, and as discussed in paragraphs 19-22 of this memo, the retained Lot #2 will have a deficient side yard based on the location of the existing dwelling to remain being only 1.08 m from the new lot line rather than 1.2 m as required. Therefore, it is my opinion that the proposed lots would comply to the provisions outlined in the Municipality of Bayham Zoning By-law subject to the approval of a Minor Variance for the lot frontage of proposed Lot #1 and a Minor Variance for the side yard of retained Lot #2.. b) Natural Features: Natural site features including vegetation, tree cover, and topography shall be protected, enhanced, and incorporated into the design of the proposed development to the greatest extent possible. Comment: There are no sensitive natural features identified on the subject property, as per the Official Plan Schedules. Natural site features on the subject property include mature trees along the southern (front) and eastern (side) property lines. More specifically, there are four (4) mature trees in the front yard of the existing lot. As a result of this proposal, it is likely that some of the existing mature trees fronting the proposed severed lot will need to be removed to facilitate a new driveway access and/or to construct the new dwelling. There is sufficient room on the proposed lots to plant additional vegetation. c) Design: Innovative housing design and site layout including energy-saving measures will be encouraged. To achieve energy savings, particular regard shall be had to building form and size, density, lot and building orientation, and on-site landscaping. Comment: The applicant intends to sever the subject property and utilize the existing single-detached dwelling on the proposed retained lot. In the future, regard for design measures shall be addressed for the proposed dwelling on the severed lot at the Building Permit Application stage. ARCADIS MEMORANDUM Municipality of Bayham – May 26th 2025 5 d) Open space: Open space including parkland shall be provided in accordance with the policies of Section 4.5.8. Comment: Parkland dedication in accordance with the municipal Parkland By- law will be required as a Condition of Approval for the creation of a new residential lot. e) Adjacent and surrounding land use: The proposed development shall be compatible with existing (or proposed) neighbouring land uses. Where necessary or desirable, the proposed development shall be adequately screened from adjacent land uses by the provision of landscaping and/or buffering. Comment: The subject property is surrounded by a mix of low-rise residential, commercial, retail and institutional uses. The existing single-detached dwelling on the proposed retained lot is consistent in built-form and use with the existing low- rise residential uses adjacent to and surrounding the subject property along Wellington Street and the proposed severed lots provide sufficient frontage and size to construct new residential uses that are compatible with surrounding residential uses. Further, the existing trees located along the eastern property line of the proposed severed lot will be maintained and act as a vegetation buffer to the adjacent agricultural lot. Therefore, it is my opinion that future dwellings on the severed lots would be compatible with the adjacent and surrounding land uses. f) Facilities and services: Existing or proposed municipal services (including potable water supply, sanitary sewage treatment and disposal, solid waste disposal, storm and surface drainage, roads, sidewalks, and street lighting) shall be adequate to serve the proposed development. If these services or facilities are deemed inadequate, the Municipality may require that an agreement be entered into with the developer as to the design and cost apportionment of any public works required to bring these services or facilities up to the appropriate standard. Comment: As mentioned in Paragraph 3 of this Memo, the proposed retained lot would continue to utilize the existing municipal water and sanitary service connections. The proposed severed lots will require the installation of a new municipal water and sanitary connections to service the future dwellings. As a Condition of Approval, noted further in this Memo, the applicant would be required to obtain a permit to authorize the installation and construction of new municipal water and sanitary connections from the road to each severed lot. g) Storm drainage: Adequate provision for stormwater management/drainage and surface runoff subject to the requirements of the Municipality, and the statutory approval authority having jurisdiction, shall be provided. Where in the opinion of the Municipality it is deemed necessary or desirable, the Municipality may require the submission of a grading plan and/or stormwater management plan to ensure ARCADIS MEMORANDUM Municipality of Bayham – May 26th 2025 6 surface water runoff does not adversely affect neighbouring properties or receiving watercourses. Comment: The applicant/owner is responsible for adequate provision of stormwater management/drainage and surface runoff subject to the requirements of the Municipality, including the submission of a grading plan and/or stormwater management plan to ensure surface water runoff does not adversely affect neighbouring properties or receiving watercourses. This is noted as a Condition of Approval. h) Vehicular access: Vehicular access shall be available or made available from a public highway or public street of reasonable construction and maintenance to permit year round access and shall be subject to the approval of the authority(ies) having jurisdiction. In no case shall access be permitted where traffic hazards could result due to poor sight lines or proximity to a traffic intersection. In new residential subdivisions, the use of a curvilinear street pattern, cul-de-sacs, and other similar design features to minimize through traffic movements shall be encouraged. Comment: As mentioned in Paragraph 4 of this Memo, the applicant/owner would be required to obtain an access permit from the Municipality of Bayham to create two new independent accesses along Wellington Street for the proposed severed lots, as a Condition of Approval. The new lots are not anticipated to create traffic hazards. i) The Planning Act: In the case of a residential subdivision, all matters contained within Section 50 and 51 of the Planning Act as amended or revised from time to time shall be complied with. Comment: The applicant is not proposing a residential subdivision. Based on the above, the proposed Consent Applications are in conformity with the criteria listed in Section 4.5.2.8 of the Official Plan. Municipality of Bayham Zoning By-law 16. The subject property is currently zoned ‘Village Residential (R1)’ in per Schedule ‘I’ of the Municipality of Bayham Zoning By-law Z456-2003. As per Section 10.1 of the Zoning By-law, the existing single-detached dwelling on the proposed Retained Lot is considered a permitted use. The intended use and development of future single- detached dwellings on the proposed Severed Lots would also be permitted. Lot #1 (E94-24): 17. As per Section 10.3 of the Zoning By-law, the proposed Severed Lot would meet the Minimum Lot Area requirement of 800 m2 for lots located in the Village of Port Burwell. The proposed Severed Lot, however, would not meet the Minimum Lot Frontage of 15.0 metres for lots that are serviced by municipal water and sanitary servicing. ARCADIS MEMORANDUM Municipality of Bayham – May 26th 2025 7 Therefore, as a Condition of Approval, the owner would be required to obtain approval of a Minor Variance Application to permit a reduced Minimum Lot Frontage of 11.0 metres. The lot frontage is restricted based on the location of the existing dwelling to remain on retained Lot #2. Lot #3 (E96-24): 18. As per Section 10.3 of the Zoning By-law, the proposed Severed Lot would meet both the Minimum Lot Area requirement of 800 m2 and the Minimum Lot Frontage of 15.0 metres for lots that are serviced by municipal water and sanitary servicing in the Village of Port Burwell. Retained Lot (#2): 19. The proposed Retained Lot would meet both the Minimum Lot Area requirement of 800 m2 and Minimum Lot Frontage of 15.0 metres. 20. Notwithstanding this, based on the proposed property line between Lot #1 and the Retained Lot, a Side Yard Width of 1.08 metres would result on the west side of the existing single-detached dwelling and property line. Further, based on the proposed property line between Lot #3 and the Retained Lot, a Side Yard Width of 3.0 metres would result on the east side of the existing single-detached dwelling and property line. 21. Section 10.9.2 of the Zoning By-law reads as follows with respect to the Minimum Side Yard Width requirement: Where no garage or carport is attached, the minimum width shall be 1.2 metres plus 0.5 metres for each additional or partial storey above the first storey on one side of the main building and a minimum of 3 metres on the other side of the main building. Based on the regulation above, the one-storey single-detached dwelling (to have the attached garage removed) on the proposed Retained Lot would require a Minimum Side Yard Width of 1.2 metres on the west side, and 3.0 metres on the east side. Therefore, the west side would have a Side Yard Width deficiency of 0.12 metres (1.2 m – 1.08 m). 22. As a result of the western Side Yard Width deficiencies, the owner would be required to obtain approval of a Minor Variance Application to permit a reduced Minimum Side Yard Depth of 1.08 metres (west side). Conclusion and Recommendations 23. Given that two (2) Consent Applications were reviewed as part of this Memo, the following provides the specific Conditions of Approval for each Consent Application. 24. Based on the above review of Consent Application E94-24, we have no objection to approval of the proposed consent for the creation of one (1) new residential lot (Lot #1) subject to the following conditions: ARCADIS MEMORANDUM Municipality of Bayham – May 26th 2025 8 a) That the owner obtains approval of a Minor Variance Application for the proposed Severed Lot #1 to permit a reduced Minimum Lot Frontage of 11.0 metres; b) That the owner obtains approval of a Minor Variance Application for the proposed Retained Lot #2 to permit a reduced Minimum Side Yard Width of 1.08 metres (west side); c) That the owner obtains a demolition permit to remove the existing attached garage from the existing house; d) That the owner removes the existing attached garage in accordance with the demolition permit and removes all other existing accessory structures from the property located on proposed Severed Lot #1; e) That the owner obtains a permit from the Municipality of Bayham for the installation of a new municipal water and sanitary service connection to the proposed Severed Lot; f) That the owner provides confirmation with respect to the location of the existing municipal water and sanitary service connections to the Retained Lot. Should the existing servicing laterals cross the proposed property lines, the owner shall obtain a permit from the Municipality of Bayham for the installation of a new municipal water and sanitary service connection to the Retained Lot; g) That the owner obtains approval from the Municipality of Bayham for road entrance permit (Wellington Street) for a new access to the proposed Severed Lot; h) That the owner provides an engineered grading, drainage and storm water management plan for Lot #1 and the Retained Lot to demonstrate that the lands will drain properly with no negative impacts on the neighbouring lands or the street, all to the satisfaction of the Municipality of Bayham; i) That the owner pay fees as required in Municipal By-law No. 2020 – 053 Cash- in-lieu of Parkland; j) That the owner provides a digital copy of a survey of the subject lands; and k) That the owner provides a Planning Report Fee payable to the Municipality of Bayham. 25. Based on the above review of Consent Application E96-24, we have no objection to approval of the proposed consent for the creation of one (1) new residential lot (Lot #3) subject to the following conditions: a) That the owner obtains a permit from the Municipality of Bayham for the installation of a new municipal water and sanitary service connection to the proposed Severed Lot; b) That the owner provides confirmation with respect to the location of the existing municipal water and sanitary service connections to the Retained Lot. Should ARCADIS MEMORANDUM Municipality of Bayham – May 26th 2025 9 the existing servicing laterals cross the proposed property lines, the owner shall obtain a permit from the Municipality of Bayham for the installation of a new municipal water and sanitary service connection to the Retained Lot; c) That the owner obtains approval from the Municipality of Bayham for road entrance permit (Wellington Street) for a new access to the proposed Severed Lot; d) That the owner provides an engineered grading, drainage and storm water management plan for Lot #3 and the Retained Lot to demonstrate that the lands will drain properly with no negative impacts on the neighbouring lands or the street, all to the satisfaction of the Municipality of Bayham; e) That the owner pay fees as required in Municipal By-law No. 2020 – 053 Cash- in-lieu of Parkland; f) That the owner provides a digital copy of a survey of the subject lands; and g) That the owner provides a Planning Report Fee payable to the Municipality of Bayham. Jeff Henry Arcadis Professional Services (Canada) Inc. Jeff Henry, RPP, MCIP Consulting Planner to the Municipality of Bayham REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: June 5, 2025 REPORT: DS-27/25 FILE NO. C-07 / D13.VANI Roll # 3401-000-005-16550 SUBJECT: Rezoning Application ZBA-02/25 Van Ittersum 12011 Elliott Road Draft Zoning By-law No. Z808-2025 BACKGROUND Owners Koert and Maria Van Ittersum have submitted a zoning amendment application to rezone their property at 12011 Elliott Road, west side, south of Green Line, north of Talbot Line (Highway 3). The lands are designated as ‘Specific Policy Area No. 1’ and “Natural Heritage” in Schedule ‘A1’: Land Use; with a “Significant Woodland’ constraint on Schedule ‘A2’ in the Municipality of Bayham Official Plan. The lands are currently zoned ‘Estate Residential (ER)’ (with an overlay reference to the Official Plan Specific Policy Area No. 1) in Schedule ‘A’ Map No. 2 in Zoning By-law No. Z456-2003. The purpose of this By-law Amendment is to rezone the subject lands to permit the development of a replacement accessory building, in Zoning By-law Z456-2003. The subject property is to be rezoned ‘Estate Residential (ER)’ Zone to a ‘Site-Specific Estate Residential (ER-14)’ Zone to permit the accessory building; which requires relief from the following provision:  Section 8.10.2 to permit a cumulative Maximum Floor Area for Accessory Buildings of 197 m2, whereas 95.0 m2 is required.  The effect of this By-law will be to permit a new accessory building for the storage of personal items that exceeds the accumulative Maximum Floor Area requirements for accessory buildings and structures. The public meeting was held on May 15, 2025 with no signed in attendees and no written comments. DISCUSSION The planner’s memorandum, dated May 28, 2025, reviews the application with the Municipality of Bayham Official Plan, Zoning By-law, and the Scoped Environmental Impact Study (SEIS). The current building to be replaced is on the edge of a significant woodland. Due to the proximity of a significant natural feature, a SEIS was required to demonstrate that the proposed development will not result in a negative impact to the feature or its ecological functions. The SEIS was prepared by North-South Environmental Inc. dated March 24, 2025. The SEIS was peer-reviewed and review Staff Report DS-27/25 Van Ittersum 2 comments are included in the Arcadis Memorandum attached to this report. Staff recommend that the SEIS mitigating measures be considered during the Building Permit review for the proposed accessory structure. For example, the building permit is only for construction outside of the active bird breeding window of April 1st to August 31st to minimize potential contravention of the Migratory Birds Convention Act and its Regulations. No public comments were received. One agency comment was received from Southwestern Public Health. Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning on the parcel from Estate Residential (ER) Zone to Site-specific Estate Residential (ER-14) and the draft zoning by-law is attached for consideration. STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-02/25 Van Ittersum 2. Arcadis Memorandum, dated May 28, 2025 3. Southwestern Public Health, correspondence, dated April 25, 2025 4. Draft Zoning By-law No. Z808-2025 RECOMMENDATION THAT Report DS-27/25 regarding the Van Ittersum rezoning application ZBA-02/25 be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held May 14, 2025 associated with this application, there was were no oral presentations and no public written submissions regarding this matter; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on lands located in Lot 15 Concession 10, municipally identified as 12011 Elliott Road, from Estate Residential (ER) to a Site-specific Estate Residential (ER-14) Zone to permit the development of an accessory storage building on the subject property for the storage of personal recreational vehicles and personal belongings, which requires relief from the following provision:  Section 8.10.2 to permit a cumulative Maximum Floor Area for Accessory Buildings of 197 m², whereas 95.0 m² is required. AND THAT Zoning By-law No. Z808-2025 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer 420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0J6 www.arcadis.com Memorandum To/Attention Municipality of Bayham Date May 28th, 2025 From Jeff Henry, RPP, MCIP Project No 30260140 - 975 cc Subject Van Ittersum - Application for Zoning By-law Amendment ZBA- 02/25, 12011 Elliott Road, Tillsonburg Background 1. We have completed a review of the application for a Zoning By-law Amendment submitted by Koert and Maria Van Ittersum, owners of the subject property identified as 12011 Elliott Road, west side, and south of Green Line south-west of the Town of Tillsonburg. The applicant is requesting a Zoning By-law Amendment to rezone the subject property from ‘Estate Residential (ER)’ Zone to a ‘Site- Specific Estate Residential (ER-14)’ Zone to permit the development of a replacement accessory building on the subject property for the storage of personal belongings and vehicles, which requires relief from the following provision:  Section 8.10.2 to permit a cumulative Maximum Floor Area for Accessory Buildings of 197 m², whereas 95.0 m² is required. 2. The lands are currently designated as ‘Special Policy Area No. 1’ and ‘Natural Heritage’ in Schedule ‘A1’: Land Use; with a ‘Significant Woodland’ constraint on Schedule ‘A2’ in the Municipality of Bayham Official Plan. The lands are currently zoned ‘Estate Residential (ER)’ (with an overlay reference to the Official Plan Specific Policy Area No.1) in Schedule ‘A, Map 2’ in Zoning By-law No. Z456-2003. Subject Property and Surrounding Area 3. The subject property has a Lot Area of approximately 19,965 m2 (5 acres), estimated Lot Frontage of 50 m (164 ft), and a Lot Depth of 400 m (1312 ft). The subject property consists of an existing two-storey single-detached dwelling with existing accessory structures in the form of a shed and a small chicken coup to the rear of the dwelling. The existing single-detached dwelling and chicken coup structure will remain as is. The intent is to demolish the existing accessory shed and replace with a new, larger structure. 4. An existing access from Elliott Road is currently used to access the subject property and will continue to be utilized for the proposed accessory storage building. The ARCADIS MEMORANDUM Municipality of Bayham – April 8th, 2025 2 existing dwelling is currently serviced by a private well and septic sanitary system, which are proposed to remain as is, with no connection to the proposed building. 5. The subject property is immediately adjacent to existing low-rise residential dwellings to the north and south along Elliott Road, and going west along Green Line. Across the street to the east are agricultural lands currently used for crops and an orchard. To the rear of the property is a railway line and more agricultural lands. 6. The Hamlets of Corinth and North Hall are located approximately 4km to 5km respectively south-west of the subject property. The Town of Tillsonburg is situated approximately 4km north-east of the subject property, outside of the Municipality of Bayham and County of Elgin. Public Comments 7. A statutory Public Meeting was held on May 15th, 2025, and no written or verbal feedback from the public was received. Municipality of Bayham Official Plan 8. The Bayham Official Plan designates the subject property as ‘Special Policy Area No. 1’ and ‘Natural Heritage’ in Schedule ‘A1’: Land Use; with a ‘Significant Woodland’ constraint on Schedule ‘A2. As per Section 3.3.1 of the Official Plan, the ‘Special Policy Area No. 1 – Elliott Road’ land use designation outlines specifically the exact geographic location to which the policy applies; the special policy being: “Notwithstanding the “Agriculture” policies of this Plan to the contrary, the lands comprising approximately 43 hectares in Part Lot 15, Concession 10 of the Municipality of Bayham and bounded by Green Line to the north, Provincial Highway 3 to the south, Elliott Road to the east and a wooded area to the west, and occupied by nineteen (19) existing non-farm residential dwellings may accommodate a total of twenty (20) non-farm dwellings in the area designated as “Specific Policy Area” on Schedule “A1” to this plan.” The subject property is one of the non-farm related residential dwellings permitted under this designation. 9. Comment: The proposed structure is accessory to the permitted residential dwelling. No change to the residential use or boundaries of the property is proposed and therefore conforms to the intent of the Bayham Official Plan Special Policy Area No 1. 10. The subject property is also designated "Natural Heritage" and more specifically, "Significant Woodland" within the Bayham Official Plan. As per Section 2.2.3.2.c) of the Bayham Official Plan: ARCADIS MEMORANDUM Municipality of Bayham – April 8th, 2025 3 "Development or site alteration will not be permitted in significant woodlands, significant valleylands, significant wildlife habitat, or significant Areas of Natural and Scientific Interest (ANSI's) unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions." There was concern that the proposed accessory building is to be located towards the edge of the wooded area deemed naturally significant and would not follow the intent of the Official Plan. The County was asked to comment on the proposed Zoning By-law Amendment as it would also go against the intent of similar policies in the Elgin County Official Plan (2015), Sections D1.2.6 and the adopted Elgin County Official Plan Section 7.8, which notes that "Development proposed within 120 metres of a noted Natural System feature shall only be permitted subject to demonstrating through an environmental impact statement, that there will be no negative impacts on the Natural System's ecological features and functions.". 11. Comment: The County and Municipality concluded that a Scoped Environmental Impact Study was required to ensure there would be no negative impact to the woodland on the feature should the proposed structure be built. The results of the EIS are discussed later in this report. Municipality of Bayham Zoning By-law 12. The subject property is currently zoned ‘Estate Residential (ER)’ in Schedule ‘A, Map 2’ in Zoning By-law No. Z456-2003. As per Section 8.10.2 of the Zoning By- law, the Maximum Floor Area for an accessory building in the ER Zone is 95m² or 8% of the Lot Coverage, whichever is less. The intent of this regulation is to avoid large scale accessory buildings which may have an impact on drainage or to the surrounding area and neighbours and to ensure the primary use of the land continues to be residential. 13. Comment: It is our opinion that the proposed Floor Area of 187 m2 (2,012ft2) for the proposed accessory storage building meets the general intent and purpose of the Zoning By-law, given the size of the subject property and proposed location of the accessory storage building. The proposed size is in keeping with its intended use, in which to store personal vehicles. The intent of the restricted Accessory Floor Area provision is to regulate the total floor area of all accessory uses on the property. The proposed cumulative Maximum Floor Area of 197m2 (including the chicken coup) represents an equivalent lot coverage of less than 1%, and in our opinion will not have a significant impact on the surrounding area and neighbours. If combined with the existing single-detached dwelling, this would equate to a total lot coverage of approximately 2% for all buildings/structures on the site. This provides sufficient balance between the landscaped and developed space on the subject property. Further, the primary use of the lands continues to be residential. ARCADIS MEMORANDUM Municipality of Bayham – April 8th, 2025 4 Therefore, it is our opinion that the proposed Maximum Floor Area for the proposed accessory building on the subject property meets the general intent and purpose of the Zoning By-law and will not have adverse impacts to adjacent properties. Environmental Impact Study 14. A Scoped Environmental Impact Study was completed by North-South Environmental Inc., dated March 24, 2025 to identify and evaluate natural areas on the subject property. The study assesses any potential impacts the proposed development of the accessory structure may cause to the natural features and their ecological functions, both withing the subject site and the greater landscape. Recommendations for mitigation measures were noted as follows:  Any outside, permanent lighting fixtures should be pointed downwards and away from the natural features.  The Contract Administrator should be aware of Species at Risk and other wildlife that may enter the construction site and have a plan on how to handle Species at Risk and other wildlife encounters.  A spills management plan should be developed and implemented during construction.  Construction is recommended to follow the Clean Equipment Protocol (Halloran et al. 2016) to ensure machinery does not bring in soil that contains seeds of invasive plant species.  Construction is recommended to occur outside of the active bird breeding window (i.e., outside of April 1 – August 31) to minimize the potential of contravention of the Migratory Birds Convention Act and its Regulations. If construction must occur within the active bird season (between April 1 and August 31) and vegetation is to be removed, a qualified avian biologist shall conduct a due diligence nest search within 48 hours of construction and document the results of the search in a memo. If a protected nest or nesting activity is encountered, a protective buffer will be identified of sufficient size and duration to protect the nesting birds.  Reduce impacts to the root zone of woodland trees by laying down mulch or plywood underneath the woodland edge’s canopy and where heavy machinery will travel.  Replacement planting of native and locally present tree species is recommended within the area shown in Figure 4 f the EIS. This area should not be maintained and to be allowed succeed with vegetation from the adjacent woodland.  Monitoring and removing invasive species using best management practices is recommended. The study concluded that there will be no negative impact due to the proposed development if all recommendations are followed during and post-construction. ARCADIS MEMORANDUM Municipality of Bayham – April 8th, 2025 5 15. Comment: As stated in the Bayham Official Plan, Section 2.2.2.3, the Municipal Council may utilize provisions related to Consent and Subdivision Approval Conditions; Site Plan Control; and Standards, Definitions and Regulations in the Municipal Zoning By-law to preserve natural heritage resources. As none of those Planning Act applications are required prior to construction, we recommend that, where possible, the mitigating measures be considered during the Building Permit review for the proposed accessory structure; for example, the Building Permit is only for construction outside of April 1st to August 31st. Conclusion and Recommendations 16. Based on our review, Arcadis has no objection to the requested Zoning By-law Amendment Application to rezone the subject property from ‘Estate Residential (ER)’ Zone to a ‘Site-Specific Estate Residential (ER-14)’ Zone to permit the development of an accessory storage building on the subject property for the storage of personal recreational vehicles and personal belongings, which requires relief from the following provisions: • Section 8.10.2 to permit a cumulative Maximum Floor Area for Accessory Buildings of 197 m², whereas 95.0 m² is required. Jeff Henry Arcadis Professional Services (Canada) Inc. Jeff Henry, RPP, MCIP Consulting Planner to the Municipality of Bayham www.swpublichealth.ca St. Thomas Site Administrative Office 1230 Talbot Street St. Thomas, ON N5P 1G9 Woodstock Site 410 Buller Street Woodstock, ON N4S 4N2 April 25, 2025 Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville ON N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 munderhill@bayham.on.ca Dear; Margaret Underhill RE: Bayham - Notice of Public Meeting - ZBA-02/25 Van Ittersum This letter acknowledges receipt of the Bayham - Notice of Public Meeting - ZBA-02/25 Van Ittersum for May 7, 2025, with reference to the above premises/property. Public Health reviews these applications using the best available evidence regarding land use planning, zoning, and health protection. A review of the application provides the following: ( ) 1. The application contains information that Public Health is not able to comment on. (X) 2. Public Health has no objection to the content of the application as it currently stands. ( ) 3. Public Health provides the attached letter for comments on the application. Please note that items marked with an “X” are applicable to this application as it currently stands. Should there be amendments to the application, please forward them to Public Health for further assessment. Sincerely, Renee McVicar Robert Northcott Public Health Inspector Health Promoter Environmental Health Built Environment and Healthy Public Policy JF, JL; am Disclaimer: These comments are provided by Southwestern Public Health (SWPH) at the request of the municipality with the decision-making power over this land use planning/zoning application. SWPH is not a decision maker on this application and its comments are made solely with regard to SWPH’s role as a public body with an interest in the potential public health impacts of this application and for no other purpose. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z808-2025 VAN ITTERSUM BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A, Map 2” by changing the zoning symbol on the subject lands from ‘‘Estate Residential (ER)’ Zone to a ‘Site-Specific Estate Residential (ER-14)’ Zone, which lands are outlined in heavy solid lines and marked “ER-14” on Schedule “A, Map 2” to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-Law No. Z456-2003, as amended, is hereby further amended by amending Section 8.13 Exceptions – Estate Residential (ER) Zone by adding the following clauses: 8.13.14.1 Defined Area ER-14 as shown on Schedule A, Map 2 to this By-Law 8.13.14.2 Maximum Floor Area for Accessory Buildings Notwithstanding the provisions of Section 8.10.2 of this By-Law, the following shall apply: Maximum Floor Area (cumulative) for Accessory Buildings of 197 m² THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal. READ A FIRST TIME AND SECOND TIME THIS 5TH DAY OF JUNE 2025. READ A THIRD TIME AND FINALLY PASSED THIS 5H DAY OF JUNE 2025. MAYOR CLERK         The Town of The Blue Mountains, Special Meeting of Council  Special Meeting of Council Date:Wednesday, May 14, 2025 Time:4:28 PM Moved by:Councillor Ardiel Seconded by:Deputy Mayor Bordignon WHEREAS the Town of The Blue Mountains boasts a robust agricultural sector and a thriving agritourism industry, with numerous local cideries contributing significantly to the local economy, employment, and tourism; AND WHEREAS Ontario’s craft cider industry is experiencing substantial growth, with over 60 craft cideries across the province, many of which are situated in rural communities and utilize 100% Ontario-grown apples and are 100% made in Ontario, thereby supporting local agriculture and local economies; AND WHEREAS under the current provincial tax structure, cider is officially classified and taxed at the same rate as imported wine which results in higher markups and taxes compared to craft beer, despite cider’s comparable production processes and market positioning; AND WHEREAS this tax disparity places Ontario's craft cider producers at a competitive disadvantage compared to craft brewers, despite the fact that Ontario cider utilize 100% Ontario-grown apples and is 100% made in Ontario; AND WHEREAS the Ontario Craft Cider Association (OCCA) has been actively advocating for a tax structure that levels the playing field between craft cider and craft beer, recognizing the potential for job creation, economic growth, and the promotion of local agriculture; AND WHEREAS the Town acknowledges and appreciates the Province’s investment in marketing and promotional support for the craft cider industry, but maintains that long-term sustainability and competitiveness for Ontario cider producers requires an adjustment to the underlying tax framework; AND WHEREAS this motion is meant to support, not oppose, initiatives for fair taxation of the Ontario Craft Cider industry the Province of Ontario may be considering. THEREFORE BE IT RESOLVED THAT the Council of the Town of The Blue Mountains: Supports the efforts of the Ontario Craft Cider Association in advocating for a fair and equitable tax structure for Ontario-made craft cider. 1. Urges the Province of Ontario to review and amend the current tax regulations to align the tax rate of craft cider with that of craft beer, thereby fostering a more balanced and supportive environment for local cider producers. 2. Acknowledges the Province of Ontario’s recent investment in marketing initiatives for the cider sector, while calling for complementary reform of the tax and markup structure that continues to disadvantage cider producers relative to other craft alcohol categories; 3.         YES: 5   NO: 0   ABSENT: 2 Directs the Mayor to forward this resolution to the Premier of Ontario, the Minister of Finance, the Minister of Agriculture, Food and Rural Affairs, MPP Brian Saunderson, MPP Paul Vickers and MPP Nina Tangri and the County of Grey requesting their consideration and support. 4. Directs the Mayor to forward this resolution to all municipalities in Ontario,  encourages other municipalities with vested interests in agriculture and agri-tourism to adopt similar resolutions, amplifying the collective voice advocating for the prosperity of Ontario’s craft cider industry. 5.   YES: 5 NO: 0 ABSENT: 2 The motion is Carried Deputy Mayor Bordignon Councillor Porter Councillor Ardiel Councillor Hope Councillor Maxwell Mayor Matrosovs Councillor McKinlay           Council Meeting Motion #05/14/2025 - 14 Title:Bill 5, Protect Ontario by Unleashing our Economy Act Date:Wednesday, May 14, 2025 Moved by:Jennifer Prenger Seconded by:Beth Blackwell Whereas the Ontario government has fast-tracked Bill 5, Protect Ontario by Unleashing our Economy Act, 2025 (Bill 5), such that it was referred to the Standing Committee on the Interior on May 6, 2025, after being first read on April 17, 2025, and Whereas the written submission deadline for participation on Bill 5 is May 26, 2025, at 6:00 PM (EDT), and Whereas Bill 5 would enact the Special Economic Zones Act, 2025; amend/repeal the Endangered Species Act, 2007 and replace it by enacting the Species Conservation Act, 2025; and amend various Acts including the Ontario Heritage Act, the Mining Act, the Ontario Energy Board Act, 1998, and the Electricity Act, 1998 and to revoke various regulations in relation to development and procurement, and Whereas Bill 5 will allow the Lieutenant Governor in Council to create zones anywhere in Ontario where municipal and provincial laws will not apply, and where projects or proponents can be exempted from requirements under provisions of an Act or of a regulation, including environmental and heritage laws, and Whereas the provisions of Bill 5  as written  include anti-democratic principles and risks undermining civil liberties, Indigenous rights, the environment and local government oversight, and Whereas the Municipality of Kincardine believes that the provincial priorities of housing, resource development and economic development can be achieved without subverting existing laws, undermining municipal authority, threatening the environment, restricting industry growth, or undermining informed consent with Indigenous communities; now therefore be it Resolved that the Council of the Municipality of Kincardine hereby opposes Bill 5; and That Council formally express its opposition to Bill 5  in favour of preserving democracy, transparency, accountability, the environment, civil liberties, and Indigenous rights; and That Council encourage the province to prioritize democratic principles and governance systems that support responsible development, environmental preservation, and acknowledge our responsibility to future generations; and That Council formally request that the Ontario government reject Bill 5; and That a copy of this motion be forwarded to the Honourable Doug Ford, Premier of Ontario, ; the Honourable Stephen Lecce, Minister of Energy and Mines; MPP Lisa Thompson; all Ontario municipalities; the Association of Municipalities of Ontario; and the Standing Committee on the Interior. Carried. ______________________________________ Clerk Jennifer Lawrie Resolution Meeting Date: May 12, 2025 Resolution No. 2025-093 Moved: Councillor Prendergast Seconded: Councillor Andrews Responsible Growth and Opposition to Elements of Bill 5 Whereas the Government of Ontario has introduced Bill 5: Protecting Ontario by Unleashing Our Economy Act, 2025, which proposes substantial changes to environmental planning legislation, including the repeal of the Endangered Species Act and the creation of “Special Economic Zones” that may override local planning authority; and Whereas the Town of Orangeville supports increasing housing supply and economic growth, but believes this must be achieved without undermining environmental protections or compromising the integrity of municipal planning processes; and Whereas Bill 5, as proposed, risks weakening safeguards for Ontario’s natural heritage and reducing the role of municipalities in managing growth in a responsible and locally informed manner; Now therefore be it resolved that Council for the Town of Orangeville:  Opposes the provisions in Bill 5 that would reduce environmental protections or override municipal planning authority;  Urges the Province of Ontario to advance housing and infrastructure growth through policies that respect sound environmental planning principles and uphold the planning tools available to local governments;  Directs that this resolution be forwarded to: o The Honourable Doug Ford, Premier of Ontario o The Honourable Rob Flack, Minister of Municipal Affairs and Housing o The Honourable Todd McCarthy, Minister of the Environment, Conservation and Parks o The Honourable Sylvia Jones, Deputy Premier, Minister of Health and MPP for Dufferin–Caledon o The Association of Municipalities of Ontario (AMO) o All Ontario municipalities for their awareness and consideration. Result: Carried Unanimously 2233 Argentia Rd. Suite 301 Mississauga, Ontario L5N 2X7 Office: 905-272-3600 Fax: 905-272-3602 www.watsonecon.ca May 15, 2025 To our Municipal Clients: Re: Assessment of Bill 17 (Protect Ontario by Building Faster and Smarter Act, 2025) In our continued efforts to keep our clients up to date on legislative changes that may impact them, we are writing to inform you that Bill 17, Protect Ontario by Building Faster and Smarter Act, 2025 (herein referred to as Bill 17) was tabled in the Ontario Legislature on May 12, 2025. This letter provides a summary of the proposed changes to the Development Charges Act, 1997 (D.C.A.) and commentary on the proposed changes to the growth management framework. As the Bill progresses through the legislative process, we will continue to advise of any amendments and associated impacts. Note that the Province is seeking comments via the Environmental Registry of Ontario at the following link: https://ero.ontario.ca/notice/025-0504. We will be submitting our comments prior to the deadline of June 12, 2025. 1. Overview Commentary The Province has stated that a goal of this Bill is to simplify and streamline development, while reducing barriers, including development fees. In this regard, the Bill proposes to amend various acts with the intent of building more homes faster in Ontario to address the current housing crisis. In addition to changes to the D.C.A., changes are proposed to the following Acts: • Building Code Act, 1992; • Building Transit Faster Act, 2020; • City of Toronto Act, 2006; • Metrolinx Act, 2006; • Ministry of Infrastructure Act, 2011; • Planning Act; and • Transit-oriented Communities Act, 2020. In addition to the legislative changes proposed, the Province has announced that they are exploring the use of a public utility model, which may include establishing municipal service corporations for water and wastewater systems. These changes could have significant impacts on the costs and delivery of water and wastewater services in Ontario. While this may serve to reduce the funding obligations from development charges (D.C.s), funding these costs from a broader pool of existing rate payers would likely result in higher water and wastewater rates. Watson & Associates Economists Ltd. PAGE 2 2. Proposed Changes to the Development Charges Act The following provides a summary of the proposed changes to the D.C.A., along with commentary on the potential impacts to municipalities. 1. Exemption for long-term care homes • Currently, D.C.s imposed on long-term care homes are subject to annual instalments under section 26.1 of the D.C.A. • The proposed change would exempt long-term care homes from the payment of D.C.s. • This exemption would apply to any future D.C. instalments on long-term care home developments. • The D.C.A. does not allow reductions in D.C.s to be funded by other types of development. As such, the exemption will have to be funded from other municipal revenue sources. 2. Definition of capital costs, subject to regulation • The proposed change would add the words “subject to the regulations” to section 5 (3) of the D.C.A. o The proposed amendment expands the scope of the Province’s authority to limit eligible capital costs via regulation. o The D.C.A. currently provides this ability to limit the inclusion of land costs. o The Province intends to engage with municipalities and the development community to determine potential restrictions on what costs can be recovered through D.C.s. • Commentary from organizations in the development community suggests these discussions may continue to focus on limiting the inclusion of land costs in the D.C. calculations. The proposed amendment, however, provides broad authority for limiting eligible capital costs (i.e., the scope of regulatory authority is not restricted to land). • Reductions in D.C.-eligible capital costs will have to be funded from other municipal revenue sources. Changes to the definition of capital costs through regulation will require municipalities to adjust funding for capital projects swiftly without the legislative amendment process. 3. Simplified D.C. by-law process to reduce charges • Proposed change to section 19 (1.1) of the D.C.A. to allow a simplified process to amend a D.C. by-law for the following reasons: o Repeal or change a D.C. by-law expiry date (consistent with current provisions); o Repeal a D.C. by-law provision for indexing or amend to provide for a D.C. not to be indexed; and Watson & Associates Economists Ltd. PAGE 3 o Decrease the amount of a D.C. for one or more types of development. • The simplified process includes passing of an amending by-law and providing notice of passing of the amending by-law. There will be no requirement to prepare a D.C. background study, undertake public consultation, and no ability to appeal to the Ontario Land Tribunal. • Limiting the simplified D.C. by-law amendment process to situations where the amount of a D.C. for a type of development is being reduced would appear to allow municipalities to adjust the charges for changes in assumptions (e.g., reductions in capital cost estimates, application of grant funding to reduce the recoverable amount), adding exemptions for types of development, and phasing the imposition of a D.C. • It is unclear if the simplified process would apply where exemptions are being provided for purposes other than development type, as specified in the amendment. For example, where a municipality is exempting a geographic area, such as an industrial park, downtown core, major transit station area, etc. • While administratively expedient, eliminating the statutory public process for reductions in D.C.s will not provide the general public with an opportunity to delegate Council on the matter and will reduce transparency. 4. Deferral of D.C. payment to occupancy for residential development • Proposed changes to section 26.1 of the D.C.A. provide that a D.C. payable for residential development (other than rental housing developments, which are subject to payment in instalments) would be payable upon the earlier of the issuance of an occupancy permit, or the day the building is first occupied. • Only under circumstances prescribed in the regulations may the municipality require a financial security. o The Province has noted its intent to mitigate risk for municipalities. As such, the prescribed circumstances may allow for securities when no occupancy permit is required. • Municipalities will not be allowed to impose interest on the deferral of D.C. payment to occupancy. • It appears those municipalities that have elected to utilize subsection 26 (2) of the Act (i.e., water, wastewater, services related to a highway, and stormwater charges payable at the time of subdivision agreement) may no longer be able to utilize this section for residential subdivisions or consents. • Deferring the timing of payment for all residential development to occupancy will have cashflow implications for municipalities. The impacts may include additional financing costs for capital projects, increased Watson & Associates Economists Ltd. PAGE 4 administrative costs associated with administering securities and occupancies, and potential delays in capital project timing. 5. Removal of interest for legislated instalments • Proposed changes to section 26.1 of the Act would remove the ability to charge interest on instalments for rental housing and institutional development. • This would also apply to future instalments for existing deferrals once Bill 17 receives Royal Assent. • The repeal of subsection 26.1 (9) of the D.C.A. removes the municipality’s ability to require immediate payment of all outstanding instalments when a development use changes from rental housing or institutional to another use. • This proposed amendment has the same cashflow impacts for municipalities as noted in item 4 above, although it is more limited in scope. 6. Ability for residential and institutional development to pay a D.C. earlier than a by-law requires • Currently, if a person wishes to waive the requirement to pay their D.C. in instalments as per section 26.1, an agreement under section 27 of the D.C.A. (early payment agreement) is required. • The proposed changes state that, “For greater certainty, a person required to pay a development charge under this section may pay the charge before the day it is payable even in the absence of an agreement under section 27.” • This wording achieves its intent to allow a person to waive the requirement to pay in instalments. It also appears, however, to allow residential and institutional D.C.s to be paid earlier than required in a D.C. by-law, absent municipal agreement. • This is problematic for municipalities, as the development community may elect to pay D.C.s before indexing or before municipalities pass a new D.C. by-law where a publicly available D.C. background study may be indicating a potential increase in the charges. 7. Lower charge for rate freeze • Section 26.2 of the D.C.A. requires that, for developments proceeding through a site plan or zoning by-law amendment application, the D.C. be determined based on the rates that were in effect when the planning application was submitted to the municipality. • In some instances, the D.C. that would be imposed at the time of building permit issuance may be lower than that in place at the time of planning application. Watson & Associates Economists Ltd. PAGE 5 • Where rates have been frozen as per section 26.2 of the D.C.A., the proposed amendments would require municipalities to apply either the “frozen” or the current rate, whichever is lower, in such instances. o Note, interest charges for the D.C. determined at planning application may still be imposed. • These proposed changes are positive as developers would not be charged in excess of current rates (where lower) and developers who proceed in a timely manner are not penalized with additional interest costs. 8. Grouping of services for the purposes of using credits • Section 38 of the D.C.A. allows a person to construct growth-related works on a municipality’s behalf, subject to an agreement. The person receives a credit against future D.C.s payable for the service(s) to which the growth-related works relate. • A municipality can agree to allow the credits to be applied to other services in the D.C. by-law. • The proposed amendments would allow the Province to, through regulation, deem two or more services to be one service for the purpose of applying credits. • This proposed change appears to remove the municipality’s discretion to combine services by agreement in certain instances. • Combining services for the purposes of credits would have cashflow implications for municipalities, where funds held in a reserve fund for a service not included under the section 38 agreement would be reduced. This could delay the timing of capital projects for these impacted services and/or increase financing costs. 9. Defining local services in the regulations • Section 59 of the D.C.A. delineates between charges for local services and, by extension, those that would be considered in a D.C. by-law. • Municipalities typically establish a local service policy when preparing a D.C. background study to establish which capital works will be funded by the developer as a condition of approval under section 51 or section 53 of the Planning Act (i.e., local service) and which will be funded by the D.C. by-law. • The proposed amendments would allow the Province to make regulations to determine what constitutes a local service. o Although the Province has noted that this will be defined through consultations, there may be unintended impacts. For example, if the definition of a local service is too broad, it may lower the D.C. but increase the direct funding requirements on one particular developer. If the definition is too narrow, the opposite would result, Watson & Associates Economists Ltd. PAGE 6 whereby local services would be broadly included in D.C. funding, thereby increasing D.C. rates. o Additionally, what is deemed a local service in one municipality may vary from what is deemed a local service in another, depending on the size, density, and types of development. Most of the changes above would come into effect upon Royal Assent of Bill 17. The changes with respect to deferral of payment to occupancy for residential development would come into effect upon the date proclaimed by the Lieutenant Governor in Council. 3. Noted Areas for Future Changes to Development Charges In the Province’s announcement, they indicated additional changes that are anticipated to follow proposed regulatory changes and/or ongoing consultations. The Province has indicated the intent to add the Statistics Canada Non-Residential Building Construction Price Index for London to the prescribed indexes in the regulations. This would allow municipalities west of London and those that are closer to London than Toronto, to utilize the London series for indexing purposes. The Province also indicated the intent to consult on a potential standardization of the approaches to benefit to existing deductions. Currently there are best practices to follow, however, there is no standardized approach across all municipalities. Providing a standardized approach may be problematic, as capital projects in different municipalities may be unique in scope and capital cost requirements. Lastly, the announcement included commentary on expanding the Annual Treasurer’s Statement reporting requirements. Currently for services related to a highway, water, and wastewater services, municipalities must allocate 60% of monies in their D.C. reserve funds to projects. The Province may consider expanding this requirement to more services. 4. Proposed Changes to the Growth Management Framework The Ministry of Municipal Affairs and Housing (MMAH) has been reviewing the Official Plans of Ontario’s 50 largest and fastest-growing municipalities against the Ministry of Finance’s (M.O.F.) updated population forecasts released in October 2024. Where the Ministry finds that current Official Plan forecasts are lower than updated provincial or upper-tier projections, the MMAH will undertake targeted outreach to affected municipalities. In these cases, municipalities will be required to update their Official Plans to reflect the higher of the M.O.F. projection or the applicable upper-tier forecast. These updates will be guided by a forthcoming revision to the Projection Methodology Guideline – the first since 1995 – to ensure consistency in how growth is planned across the Province. It is the MMAH’s goal that these updated projections and methods Watson & Associates Economists Ltd. PAGE 7 will help municipalities more accurately align land needs, servicing strategies, and capital planning with long-term provincial growth priorities. To support this, the Province is also exploring improvements to planning data systems and digital tools, including standardizing how municipalities track and report land use planning and permitting activity. Enhanced access to consistent, digitized data will help inform future forecasting, monitor implementation, and increase transparency across jurisdictions. For municipalities directed by the Province to update their Official Plans, this requirement carries several implications. As a starting point, it is important to note that the M.O.F. forecasts are only available at the Census Division level, which typically represents upper-tier municipalities, including separated municipalities and large urban single-tier municipalities. This poses potential complexities for lower-tier municipalities to directly apply, allocate, and coordinate the M.O.F. population projections as part of their respective Official Plan Review. Furthermore, the M.O.F. population projections are released annually and are subject to considerable fluctuation. On the other hand, the municipal Official Plan Review process, which includes a comprehensive assessment of long-term population growth and urban land needs, is required to be carried out at a minimum every 10 years for new Official Plans and five years regarding Official Plan updates. Accordingly, it will be important for municipalities to monitor their respective Official Plans within the context of changing long-term M.O.F. projections. It is currently unclear to what extent Ontario municipalities will be required to update their respective Official Plans and associated background studies, such as needs assessments, servicing plans, and financial strategies, to ensure alignment with the updated M.O.F. projections. It is clear, however, that Ontario municipalities will require improved processes and tools to monitor their Official Plans in a manner that allows decision makers more flexibility to address and respond to anticipated change. In parallel, the Province is also proposing changes to inclusionary zoning policies, which could influence housing delivery outcomes within protected major transit station areas. Specifically, the Act proposes capping the affordable housing set-aside rate at 5% and limiting the affordability period to 25 years. While these measures may enhance project feasibility and encourage more market-based residential development near transit, they may also constrain the long-term supply and stability of affordable units delivered through inclusionary zoning policies. Municipalities will need to consider how these changes affect their broader housing strategies, particularly in areas where protected major transit station areas are a central tool for delivering mixed-income communities. 5. Concluding Remarks Based on the proposed changes, municipalities may experience a reduction in overall D.C. revenue. The impacts of some of the potentially more significant changes (i.e., changes to the definition of capital cost, grouping of credits, defining local services, and methodology for benefit to existing will not be known until the release of the draft regulations for consultation. By moving legislative guidance to the regulations, as Watson & Associates Economists Ltd. PAGE 8 opposed to the Act itself, the Province will have the ability to change the rules set out therein without the requirement of passing a Bill through the legislative process. This reduces transparency and the required consultation should the Province wish to change these rules in the future. We will continue to monitor the proposed changes and will inform you of potential impacts to municipalities. As noted, we will be submitting further comments to the Province via the Environmental Registry of Ontario. Should you have any questions, please contact the undersigned or send an email to info@watsonecon.ca. Yours very truly, WATSON & ASSOCIATES ECONOMISTS LTD. Andrew Grunda, MBA, CPA, CMA, CEO Peter Simcisko, BA (Hons), MBE, Managing Partner Sean-Michael Stephen, MBA, Managing Partner Daryl Abbs, BA (Hons), MBE, PLE, Managing Partner Jamie Cook, MCIP, RPP, PLE, Managing Partner Jack Ammendolia, BES, PLE, Managing Partner Ministry of the Solicitor General Ministère du Solliciteur général Office of the Deputy Solicitor General Community Safety 25 Grosvenor Street, 11th Floor Toronto ON M7A 1Y6 Tel: 416-326-5060 Fax: 416-327-0469 Bureau du sous-solliciteur général Sécurité communautaire 25, rue Grosvenor, 11e étage Toronto ON M7A 1Y6 Tél. : 416-326-5060 Téléc. : 416-327-0469 DATE: May 21, 2025 MEMORANDUM TO: CAOs and Mayors from Municipalities Billed under O. Reg. 413/23: Amount Payable by Municipalities for Policing from Ontario Provincial Police FROM: Mario Di Tommaso Deputy Solicitor General, Community Safety SUBJECT: Ontario Provincial Policing (OPP) Cost Recovery Model Review and June 2025 Webinars In Fall 2024, the Solicitor General announced a commitment to review of the OPP cost recovery model as set out in O. Reg. 413/23: Amount Payable by Municipalities for Policing from Ontario Provincial Police under the Community Safety and Policing Act, 2019. The Ministry of the Solicitor General is pleased to announce that this review has been initiated. The ministry will be working with a third-party vendor to support an evidence-based review and analysis of the OPP cost recovery model. The intent is for the review to be completed in time to inform the issuing of the 2026 annual billing statements and the approach going forward. I would like to thank you for the extensive feedback you have shared with the ministry to date. This feedback is valuable in shaping the review. We look forward to the opportunity for continued input from your municipalities. To achieve this goal, engagement webinars will take place in June 2025. More information regarding these webinars will follow as soon as possible. Your participation is encouraged to ensure that your perspectives are heard. You can expect outreach in the coming weeks with details for the June webinars. Should you have any immediate questions, please reach out to Sheela Subramanian, Director, Community Safety and Intergovernmental Policy Branch at sheela.subramanian@ontario.ca Thank you for your continued collaboration and future input. Mario Di Tommaso, O.O.M. Deputy Solicitor General, Community Safety Ministry of the Solicitor General May 27, 2025 Subject: Reintroduction of the Geologic Carbon Storage Act Hello, Over the past three years, the Ministry of Natural Resources has been taking a measured and phased approach to enabling and regulating geologic carbon storage in Ontario. Carbon storage is new to the province, and developing a comprehensive framework to regulate this activity would help ensure that it is done responsibly, with measures in place to safeguard people and the environment. Geologic carbon storage (further referred to as carbon storage) involves injecting captured carbon dioxide (CO2) into deep geological formations for permanent storage. This technology could provide industries in Ontario with a critical tool for managing their emissions and contributing to the achievement of Ontario’s emissions reduction targets. On November 25, 2024, the Resource Management and Safety Act, 2024 was introduced in the Ontario legislature. This Act included a proposed Geologic Carbon Storage Act. The legislature was dissolved on January 28, 2025, and all incomplete business was terminated. We are writing to notify you that today, the Bill was reintroduced in the legislature. The suite of proposed changes remains the same as what was introduced in November 2024, aside from a small number of administrative updates made to provide clarity. The original proposal can be accessed through the Environmental Registry/Regulatory Registry: https://ero.ontario.ca/notice/019-9299. If you would like more information or have any questions, please contact Andrew Ogilvie, Manager of Resources Development Section, at 705-761-5815 or through email: Resources.Development@ontario.ca. Sincerely, Jennifer Keyes Director, Development and Hazard Policy Branch Ministry of Natural Resources Development and Hazard Policy Branch Policy Division 300 Water Street Peterborough, ON K9J 3C7 Ministère des Richesses naturelles Direction de la politique d'exploitation des ressources et des risques naturels. Division de l’élaboration des politiques 300, rue Water Peterborough (Ontario) K9J 3C7 REPORT TREASURY DEPARTMENT TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: June 5, 2025 REPORT: TR-13/25 SUBJECT: 2026 BUDGET SCHEDULE BACKGROUND Section 290(1) of the Municipal Act requires local municipalities in each year to prepare and adopt a budget. The Municipality currently prepares three budgets: current year Capital Budget, rate supported Operating Budget and the 10-Year Capital Plan. This Report presents the proposed meeting dates for Council review and approval of the above mentioned 2026 Budgets. The purpose of preparing budgets is to allow Council to develop policy in financial terms and to assist in setting priorities and establishing service levels for the upcoming year before expenditures take place. DISCUSSION In order to begin developing Bayham’s 2026 Operating and Capital Budgets, Council approval of the proposed budget schedule is required. The proposed timelines are similar to many prior years’ timelines to allow for tendering and effective procurement months before 2026 purchases. It is anticipated that the budgets will be published for public consumption approximately one month in advance of the November 4, 2025 and January 6, 2026 meetings. Budget Proposed 2026 Budget Review Dates For Discussion Start Time Budget Public Consultation June 5, 2025 – September 30, 2025 2026 and 10-Year Capital Plan Tuesday, November 4, 2025 (Special Meeting) 6:30 p.m. 2026 Levy Supported Operating Budget Tuesday, January 6, 2026 (Special Meeting) Thursday, January 15, 2026 (Budget Open House) 6:30 p.m. 6:30 p.m. to 7:00 p.m. 2026 BUDGET CONSULTATIONS In 2025, staff will continue the practice of posting budget background information explaining the purpose of the Operating Budget and Capital Budget and the difference between Operating and Capital expenses. This information will continue to be posted on the 2026 Budget Consultations page on the Municipal Website. During the consultation, it will be clear the role of the consultation is to obtain public comment on the budgets and ideas for the upcoming budgets for Council consideration. This consultation is to obtain comments of an advisory nature for Council consideration during budget deliberations. The same comments will be attached to the respective budget reports as an Appendix. Notice of consultation will be posted on the Municipal website and posted on the Municipal Office and Library notice boards. Notice will also be posted on the winter and summer newsletter in the mail out of February and August tax bills. POTENTIAL BASE BUDGET IMPACTS For 2026, the most significant potential base operating budget drivers that may have an impact are as follows:  annualization of initiatives undertaken in 2025  tariff impacts and supply chain constraints  general inflation  foreign exchange fluctuations  utility cost increases  impact of fluctuating fuel costs and costs of petroleum based products  increased operating charges from approved capital projects  increased transfers to Reserves and Reserve Funds to fund capital programs based on 10-year capital budget from 2024  provincial funding level changes The actual impacts of these items are unknown at this time and will depend on further information and decisions. GUIDELINES Some of the costs identified above can be avoided and others will be directly related to previous decisions or are uncontrollable. In the interim, staff will be directed to prepare the 2026 Budgets following past practices with the goal to maintain costs at their current level wherever possible. These guidelines are an integral part of the budget process to assist staff when reviewing operational needs and service levels. CONCLUSION In order to meet these dates, staff will initiate the 2026 budget process once 2025 budget is been approved. This will allow staff the time required to present a responsible, complete, comprehensive, and accurate budget for Council review and consideration. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not Applicable. RECOMMENDATION 1. THAT Report TR-13/25 re 2026 Budget Schedule be received for information; 2. AND THAT the proposed budget guidelines be approved; 3. AND THAT the following dates be established for the 2026 budget process: • June 5 – September 30, 2025 – Budget Public Consultation Period • Tuesday, November 4, 2025 – 2026-2035 Capital Budget Meeting • Tuesday, January 6, 2026 – 2026 Operating Budget Meeting • Thursday, January 15, 2026 – Budget Open House Respectfully submitted: Reviewed by: Lorne James, CPA, CA Thomas Thayer, CMO, AOMC Treasurer Chief Administrative Officer REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: June 5, 2025 REPORT: CAO-26/25 SUBJECT: EXTENSION TO SITE PLAN AGREEMENT – LATIMER – 54296 HERITAGE LINE, STRAFFORDVILLE (APPLICATION NO. SPA-02/23) BACKGROUND At its February 6, 2025 meeting, Council adopted By-law No. 2025-008, Site Plan Control By- law for the Municipality of Bayham. The CAO’s delegated authority is assigned under Section 6(1) of By-law No. 2025-008. On October 19, 2023, Council received Report CAO-54/23 re Site Plan Agreement – Latimer – 54296 Heritage Line, Straffordville (Application No. SPA-02/23) for information purposes only. The Report identified that, under delegated authority, the CAO entered into a Site Plan Agreement with Craig and Elisabeth Latimer for expansion of an existing storage building and shop on the subject lands. Under Section 27 of the Agreement, the development was to be completed in full by May 30, 2025. DISCUSSION In April 2025, Latimer engaged Bayham to extend the existing Site Plan Agreement for a period of five (5) months to permit completion of grading on the lands. The extension was requested due to scheduling uncertainty related to their surveyor to assess and confirm general conformity of the constructed grades with the approved lot grading and drainage plan. In May 2025, the CAO executed an Amending Site Plan Agreement for Latimer to amend Section 27 and extend the expiration date from May 30, 2025 to October 31, 2025. The executed Amending Agreement is attached. As the CAO is the delegated authority for Site Plan Control approval, this information is provided for informational purposes only. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Executed Amending Agreement between The Corporation of the Municipality of Bayham and Latimer, 54296 Heritage Line, Straffordville RECOMMENDATION 1. THAT Report CAO-26/25 re Extension to Site Plan Agreement – Latimer – 54296 Heritage Line, Straffordville (Application No. SPA-02/23) be received for information. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z808-2025 VAN ITTERSUM BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A, Map 2” by changing the zoning symbol on the subject lands from ‘‘Estate Residential (ER)’ Zone to a ‘Site-Specific Estate Residential (ER-14)’ Zone, which lands are outlined in heavy solid lines and marked “ER-14” on Schedule “A, Map 2” to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-Law No. Z456-2003, as amended, is hereby further amended by amending Section 8.13 Exceptions – Estate Residential (ER) Zone by adding the following clauses: 8.13.14.1 Defined Area ER-14 as shown on Schedule A, Map 2 to this By-Law 8.13.14.2 Maximum Floor Area for Accessory Buildings Notwithstanding the provisions of Section 8.10.2 of this By-Law, the following shall apply: Maximum Floor Area (cumulative) for Accessory Buildings of 197 m² THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal. READ A FIRST TIME AND SECOND TIME THIS 5TH DAY OF JUNE 2025. READ A THIRD TIME AND FINALLY PASSED THIS 5H DAY OF JUNE 2025. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-042 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD JUNE 5, 2025 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of The Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the Council meeting held June 5, 2025 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 5th DAY OF JUNE, 2025. ____________________________ _____________________________ MAYOR CLERK